JAGWA MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred from Jail by the sole appellant Jagwa Manjhi, who has been convicted on the charge of having committed dacoity in between the night of 19-20th April, 1983 in the house of Chandreshwari Pandit of village Tengra P.S. Belhar in the district of Banks and has been sentenced to seven years' R.I.

(2.) The appellant was not named in the First Information Report. He was resident of village Sangrampur in the district of Bhagalpur. The evidence of dacoity has been narrated in para-2 of the judgment of the trial Court which for the sake of convenience is extracted below: The prosecution case, briefly stated, is that in between the night of 19th/20th April, 1983 when the first informant was studying at about 12 midnight in front his house, he heard sound of TIKTIKIYA and he became suspicious and then he took a lathi and a sword in his hands and proceeded towards west of his house. It is alleged that when he reached near the BASA of Sikandar Pandit, he saw 14 to 15 persons coming from north direction and became suspicious that they were dacoits. It is alleged that on the BASA of Sikandar Pandit Nityanand Pandit, Sikandar Pandit, etc., were sleeping and the informant woke up them and stated that dacoits have arrived on which they started raising alarm and the informant rushed towards his house. It is alleged that the dacoits were also following but the informant woke up his brother Kamleshwari Pandit, who was sleeping in front of his house and Umesh Chandra Pandit and servant Kapildeo Pandit. It is alleged that they fled towards east raising alarm of dacoits. It is alleged that the dacoits came near the shop and house of the informant and some of them broken the door of the shop and some of them broken the entrance door of the house and then the dacoits entered into the shop as well as house. It is alleged that while some were guarding outside, the informant and other villagers threw brick-bats and also raised alarm on which the villagers started assembling and one dacoit was injured, who spoke loudly to flee away saying that he was injured. That dacoits also fired and then started fleeing towards west. It is alleged that the villagers also chased them and were also throwing brickbats. It is alleged that one dacoit fell down as he struck him-self with a big wooden log kept near the BASA of Sikandar Pandit and then villagers assaulted him and dacoits raised alarm to snatch the injured dacoit but villagers were adamant and they again started throwing brick-bats and one dacoit was again injures who fell down near a Mango tree in injured condition. He was also assaulted by the villagers. It is alleged that though the dacoits wanted to rescue their injured associates but considering the resistance of villagers they fled away. It is alleged that both the injured dacoits were brought near the house of the informant and for the remaining night, villagers watched them and they were also provided water on demand. That after some time, the two injured dacoits died. It is alleged that the dacoits were lighting their torches and the informant and his witnesses were able to see them in their torchlight and claimed identification. The dacoits looted a suitcase containing clothes, etc., one Patromax and some utensils worth Rs. 730.00. It is alleged that the officer-in-charge Belhar P.S. reached the village next morning at about 10.30 a.m. and recorded the fardbeyan of first informant. Chandreshwari Pandit, which is marked Ext. 2. Signature of inform ant and his two witnesses on the fardbeyan have been marked Ext. 1, 1/1 and 1/2 respectively. On the basis of the fardbeyan, Belhar P.S. Case No. 43 dated 20-4-1983 was registered under Section 395 of the I.P.C. The police, after investigation submitted charge-sheet under Section 395 of the I.P.C. against the accused. The case was committed to the Court of Session on 25-2-89 by Shri A.K. Singh, Addl. Chief Judicial Magistrate, Banka. The case record was received in my file on transfer on 12-4-1989.

(3.) The occurrence has taken place in April 1983. The appellant was arrested on 17-1-1984. Her was first placed on T.I. Parade on 12-3-1984 i.e., two months after his arrest. He was identified by one witness Kamleshwari Pandit. He was again put on T.I. Parade on 6-4-1984 and was identified by one witness Chandreshwari Pandit. The Investigating Officer has not been examined so there is no evidence as to on what clues this appellant was arrested but the fact remains that he was arrested after eight months of the occurrence.