SUDHIR SINGH Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 4-1-1996 passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 321 of 1993, whereby and whereunder the learned Trial Court convicted the appellants under Section 436 of the Indian Penal Code and sen tenced them to undergo rigorous imprisonment for seven years each. The learned Trial Court further convicted the appellants Sudhir Singh, Ruplal Modak alias Rupu Modak, Kashi Hazam and Kailash Thakur under Section 147 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years whereas appellants Mitlal Rajak and Niranjan Modak were also convicted under Section 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years. However, the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that on 21-1-1991 at about 11.30 p.m., the informant Choukidar Lakhan Turi lodged the first information report alleging therein that on 22-1-1991 at about 11.30p.m., when he was sleeping in his house, all the accused persons along with others came at the place of his house and started committing mischief by setting fire to his dwelling house. He claimed to have identified 10 to 15 persons standing on the Angan having Lukati in their hands. He indentured the appel lants, namely, Mitlal Rajak, Rupu Modak, Kailash Manjhi, Kashi Hazam, Niranjan Modak, Kailash Thakur, Chaman Mahto, Jagdish Manjhi, Rameshwar Manjhi, Budhan Manjhi, Kailash Mahto, Sahra Mohli, Gulfa Mohli, Dasrath Manjhi and Sheo Narayan Prasad and they were armed with Tangi, Bhala, Guns etc. His house was set on fire and they were also raising alarm for killing family members. Thereafter the villagers assembled at the spot and then the accused persons fled away. It is also alleged that the informant tried to extinguish the fire but the western house was burnt to ashes.

(3.) On the basis or the fard beyan, a first information report was lodged under Sections 144, 436, 307 of the Indian Penal Code and Section 27 of the Arms Act. The police investigated into the case and submitted charge sheet against all the appellants showing other accused persons as absconders.