BICHA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant filed this appeal challenging the judgment of conviction and sentence dated 7-8-1996 passed by the learned Ist Additional Sessions Judge, Gumla in S.T. No. 246/91, whereby the learned Additional Sessions Judge convicted the appellant under Sections 395/412, IPC and sentenced him to undergo RI for seven years and to pay a fine to Rs. 2,000/- (two thousand) and in default of payment of fine, he will have to further undergo RI for one year. The appellant was also sentenced to undergo RI for seven years under Section 412, IPC and to pay a fine of Rs. 1,000/- and in default he will have to further undergo RI for six months. Both the sentences were however ordered to run concurrently.

(2.) The prosecution story in brief as stated that on 19-7-1999 at about 7.30 p.m. the Informant, Father Philip Tirkey along with Father Kornilious Baxla, brother Supirian Kujur and brother Elias Minj went to the Dinning Hall to have their dinner. At that time the main gate of the Mission School was half opened and at the same place children of the Mission School were taught in the emergency light. Suddenly at about 3 p.m. Sukhdeo Oraon and Suresh Oraon armed with pistols entered into the Dinning Hall with the teacher Tobias Kujur who was teaching the students. They took out a pistol and told them to keep and asked them not to raise any alarm. The Informant was taken to his room at the point of pistol and he was asked to pay Rs. 2,00,000/-and thereafter he opened his safe out of fear and paid a sum of Rs. 15,000/- but the miscreants were not satisfied with the said amount and they began to assault him and he was taken to the adjacent room. He identified the accused Bihans Oraon who had been a student of Missin School and was rusticated in the year 1989. He was armed with pistol. The Informant also identified the appellant Bicha Oraon who was standing at the Main gate with a bomb in his hand. There was also miscreants standing at the gate of Kitchen who were holding dagger. The informant went to the dinning hall and accused Sukhdeo Oraon took father Cornilius Barla to his room at the point of his pistol. He was assaulted by the miscreants with rod. The accused-persons broke open the lock of the room and looted Rs. 7,000/- and other articles from possession of father Cornilius Barla. He was thereafter brought to the dinning hall. Again the informant was called and asked to sit in front of the main grill of the Verandah and he saw two dacoits roaming there. The dacoits continued looting for the long time by entering into different rooms. They also assaulted Brother Sipirium on his head by rod and snatched a sum of Rs.200/- and other articles from his possession. The miscreants also looted away the articles belonging to the teacher Pramila from her room. The miscreants thereafter took the motor-cycle bearing No. BPN 1729 belonging to the Informant. The Informant also asked Sister Kaprini to open the gate and thereafter the decoits snatched a sum of Rs. 8,000/- from her possession and other articles belonging to her. The miscreants had brought a Vespa Scooter which was used in the commission of dacoity and after looting away the articles and money, the dacoits fled away with the motor-cycle and the scooter towards south. During the period of dacoity, it was raining heavily. The victims including the informant identified the accused-persons and also claimed to identify unknown dacoits if they were brought before them.

(3.) Fir was lodged on the basis of the statement of the Informant. The appellant along with others are named in the FIR who were said to be identified at the time of dacoity. The police investigated into the case and submitted charge-sheet against the appellant and others for the offences under Sections 395/412, IPC. The appellant was produced before the trial Court. The charge under Sections 395/412, IPC was framed which was denied by the appellant.