MD RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants, namely, Md. Rahman and Md. Manjoor were residents of village Gaiyari Sisona, P.S. and District Purnea, have appeared against their conviction under Section 395, I.P.C. in which they have been sentenced to 10 years' imprisonment by the 6th Additional Sessions Judge, Purnea in Sessions Case No. 228/88. The charges against the appellant was that they, along with their companions, committed road dacoity on 27 -6 -1987 at 8.50 p.m. at Kosi Canal. Araria.

(2.) The version of the occurrence has been given by Subodh Chandra Choudhary in his fardbeyan given to the Araria Police immediately after the occurrence. Subodh Chandra Choudhary had got down from train at Araria at 8.35 p.m. He boarded a Tamtam to Araria Town. There were other passengers also in the Tamtam. Suddenly, the Tamtam was stopped by the robbers at Kosi Canal at about 8.50 p.m. The Robbers looted the passengers sitting on the Tamtam. The informant saw several criminals. Two of them were armed with country -made pistol and others were armed with lathi and daggers. Incidently, the informant knew the appellants from before. The appellants used to work as night watchmen at Zero Mile. The informant had occasion to see the appellants as Zero Mile, and he had also ascertained their names and the address. The informant, claimed to have identified the appellants in the flash of torch light. After looting the passengers, the dacoits fled towards south.

(3.) Most of the passengers told that the criminals belong to village Gaiyari. Name of Wazuddin was also disclosed as one of the dacoits but no charge -sheet was submitted against him. Another passenger Rajendra Prasad Biswas who had also got down at Araria Court Station and boarded the same Tamtam also identified the appellant. This witness claimed to have identified these appellants along with Wazuddin and Arif. Other passengers were also robbed, but they have not named the appellants.