RAJA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- All these four appeals were heard together and are being disposed of by this common judgment as they have arisen out of the same judgment of conviction and sentence dated 13-2-1997 passed in S. T. No. 319 of 1996, whereby the learned Sessions Judge convicted the appellants under S. 395/412, I.P.C. and sentenced them to undergo rigorous imprisonment of 10 years each under S. 395, I.P.C. whereas no separate sentence was passed for the offence under S. 412, I.P.C.

(2.) The case of the prosecution runs as follows :One Smt. Dhrupa Ranpara gave Fardbayan before the police alleging therein that on 11-3-1996 at about 7.30 p.m. one of the miscreants pressed the Call bell and when the informant opened the door the miscreants entered into the Flat and bolted the door from inside. Thereafter, one of the miscreants put Katari on her body and increased the volume of T. V. Set also threatened her of dire consequences. It is further alleged that the miscreants started looting gold and silver ornaments after opening theAlmirah and after committing dacoity the miscreants fled away. Thereafter the informant telephoned her husband and also to the police station about the occurrence. Her husband rushed there by car and proceeded for search of the miscreants along with the informant and in the meantime the police party also arrived there. With the help of police party and passers-by they managed to apprehend the miscreants with the looted property. Looted property were recovered and seized from the possession of the miscreants/dacoits. The informant also identified the appellant/accused persons. The articles were also identified by the informant. Accordingly, the seizure list was prepared at the spot in presence of other witnesses. The Fardbayan of the informant was recorded, on the basis of which the F.I.R. was lodged against all the accused persons including the appellants.

(3.) The police investigated into the case and submitted charge-sheet against the accused persons/appellants. The appellants appeared before the trial Court. Charge under S. 395/412, I.P.C. was framed, to which they pleaded not guilty. The witnesses were examined in the lower Court. After considering the evidence on record, the trial Court convicted the appellants for the offences under S. 395/412, I.P.C. and they were sentenced to undergo R.I. in the manner as stated above.