DEORI BANKIRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appeals heard together as they are arising out of the same judgment and are being disposed of by this common judgment.

(2.) These appeals have been directed against the Judgment dated 1-9-1995 passed by the District and Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 188 of 1995 whereby the appellants have been convicted under Section 148/364 read with S. 34 and under S. 452/34 of the Indian Penal Code and sentenced to undergo R.I. for seven years under S. 364, I.P.C. whereas the appellant Jain Ram Mahali was sentenced to undergo R.I. for two years under S.364 of the Indian Penal Code.

(3.) The case of the prosecution, in brief is that one Lakhi Ram Mahali along with his family members was staying at his house on 14-1-1995 and on the same day at 6/7 P.M. all the accused persons/appellants variously armed with Revolver, Bhujali and Lathi reached there and called the informant. When the informant. Lakhiram Mahali came out from the house, the accused persons caught hold of him and enquired about his mother. Accused persons entered into the house of the informant whereas the accused Hagua Mahali and Kobro Samad brought out the informant's mother, namely, Sulo Mahalin and thereafter the accused persons took her away. The accused persons also threatened the informant and his family members. The informant and his family members fled away out of fear. Accordingly the first information report was lodged. The police investigated into the case and submitted charge-sheet against all the accused persons/ appellants.