TUNU RAUT @ TUNA RAUT Vs. STATE

JUDGEMENT

(1.) THESE two appeals have been preferred by the appellants against the common judgment dated 26th September, 1991, passed by the learned 2nd Additional Sessions Judge, Chaibasa in Sessions Trial No. 71/84, whereby and whereunder, they have been convicted and sentenced to undergo rigorous imprisonment for life, for the offence under Section 395 of the Indian Penal Code.

(2.) THE case of the prosecution, as per F.I.R. (Ext. 1) is that on 26th August, 1982 at about 7 P.M. (evening), when the informant Bharat Kishore Omat (P.w. 3) along with his family members was taking meal, four to five persons entered his house. Surrounded all the doors, caught hold of his elder brother Dasrath Omat (P.W. 4) and asked him whereabouts of household articles. The elder brother on the pretext that he will tell it after washing' his hands, escaped from their clutches and fled away. Thereafter, one person caught hold the informant's hands but the informant also managed to escape. They went to village raising alarm to save them from dacoits, but as the dacoits exploded crackers, the villagers because of fear did not turn up. Thereafter, the dacoits entered their house and injured the servant Santosh Kalo by dagger and also gave dagger to informant's Bhagna, Niranjan Pradhan, who also became panicky. The dacoits also gave dagger blow to Bhanu Devi, sister -in law of informant. The other four to five dacoits who were outside the house and were keeping watch at the door, were threatening the villagers with dire consequences if came to save the members of the family. It is also alleged that the dacoits who entered inside the house after injuring the aforesaid persons, took away the household including ornaments valuation of which shown to be about Rs. 3000/ - in F.I.R. The age of dacoits were stated to be between 30 to 32 years, except one who was about 40 -45 years of age and were speaking Oriya, Mahto, Mundari, Ho and Hindi amongst themselves. The further case of the informant was that he and his elder brother Dasrath Omat have seen all the dacoits in the light of lantern of the house and the flash of the torch -light of dacoits by hiding themselves in a bush near their southern Bari. The dacoits were stated to be armed with Lathi, dagger (Chhura), crackers, torch and one of them was carrying bow and arrow in his hands. Further case of the informant was that when he along with others was going to Manoharpur Police Station, some of the villagers of Kashijora informed that the dacoits were earlier seen in their villages, describing themselves as Jharkhandis and were telling that they had come from Porahat to cut the forests of the area. While the dacoits were going away with stolen articles, they stated to have abused one of the dacoits, he having not brought them in a better house, as they could not get valuable articles in the dacoity. The F.I.R. was lodged on the next date at about 1 P.M. on 27th August, 1982.

(3.) THE counsel for the appellants submitted that the finding of court below is bad, there being no evidence to hold that the appellants were present in the house of informant during the dacoity or that the appellants have committed dacoity. The T.1. parade report was also assailed on the ground that none of the witnesses made statement that they recognised the appellants having seen in the house of informant or were committing dacoity.