(1.) The sole appellant named above has preferred this appeal against the impugned judgment and order 23-5-1990 passed by Shri Arun Chandra Das, 3rd Additional Sessions Judge, Dumka in Sessions Case No. 253 of 1988/6 of 1988 whereby and whereunder this appellant was found guilty for the offence punishable under Section 396 of the Indian Penal Code and he was convicted and sentenced to undergo R. I. for ten years.
(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of P. W. 7 Mangru Munda, the informant recorded by A. S. I., K. Paswan of Tirwabari O. P. on 3- 7-1987 at 3.00 hours in the Sadar Hospital, Sahebganj regarding the occurrence which is said to have taken place in the night between 2nd and 3rd July, 1987 in village Kaluwa Toli, P. S. Gorio, District Sahebganj. On the basis of the said fardbeyan the case was instituted by drawing a formal F. I. R. (Ext. 5) on that very day at 15.00 hours.
(3.) The prosecution case, in brief, is that the informant with his 12 years old son Jhalka Munda was sleeping on a Chowki in front of the Gohalghar of P. W. 2 Sumara Munda and he awoke on the barking of the dogs and he saw 10-12 dacoits armed with bomb and pistol flashing their torch and they came there and assaulted him and they confined his son in the said Gohalghar and closed the door of the said Gohalgharfrom outside. It is alleged that he identified eight dacoits, namely, Ranglal Mian, Rupu Mian, Musu Mian, Kalua Mian, Bhutka Mian, Dukhiya Mian and Natka Anishua in the flash of the torch and they all entered into the houses of P. W. 2 Sumara Munda and Somra Munda and committed dacoity there and in course of the commission of the dacoity they were exploding bombs also and after committing the dacoity all the dacoits numbering about 15-20 fled away towards west from that place. It is alleged that the informant, thereafter, went towards the houses of Sumara Munda and Somara Munda and found Soma Munda (who is the deceased in this case) injured fallen at the door of one Mauza Munda and the said injured told him that Sohraie Mian, Hifazat Mian (the appellant), Belal Mian and Akaluwa Mian have thrown bombs at him as a result of which he has sustained injuries and he also told to have identified them in the flash of the torch. It is further alleged that ornaments, radio and other household effects from the house of Sumara Munda and Somra Munda were taken away by the dacoits. Thereafter, injured Soma Munda was taken to the hospital for treatment but he died in the way to the hospital.