CHHAKU LAL THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals aforesaid have been directed by the appellants named above against the impugned judgment and order dated 30.4.1990 passed in Sessions Case No. 377 of 1988 of Shri Ram Vyas Ram, 4th Additional Sessions Judge, Santhal Paraganas, Dumka whereby and whereunder the appellants were found guilty for the offence punishable under Section 395 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for nine years each. Both the appeals aforesaid are hereby disposed of by this judgment.

(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Ext. 2) of P.W. 3, Santlal Thakur, the informant recorded by S.I. Chitranjan Shit of Boriyo PS. on 29.6.1982 at 10.00 hours in village -Rakso regarding the occurrence which is said to have taken place in the night between28.6.1982 and 29.6.1982 in his house situate in village -Rakso P.S. - Boriyo, District - Dumka (now Sahibganj) and the case was instituted under Section 395 of the Indian Penal Code by drawing of the formal F.I.R. (Ext. 9) on 29.6.1982 at 20.00 hours which was received in the Court empowered to take cognizance on 30.6.1982.

(3.) IN course of investigation some of the dacoits were apprehended and they were put on test identification parade conducted by P.W. 10, Shri Santosh Kumar Sinha, the then Judicial Magistrate, Sahibganj on 27.8.1982 in which appellants, Jai Prakash Singh and Tara Chand Singh were identified by P.W. 3, the informant whereas P.W. 2 Fulki Devi also identified appellant, Tarachand Singh as participants in the commission of the dacoity.