RAM KUMAR RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence passed by 2nd Additional Sessions Judge, Giridih in connection with S.T. No. 39 of 1986, whereby and whereunder the learned Additional Sessions Judge convicted the appellants under Section 396 of the Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for life.

(2.) PROSECUTION case lies in the narrow compass : that on 5.5.1985 in the evening the informant Rajendra Prasad Yadav alongwith his brother Arjun Yadav (deceased) was returning from Charki godown where they had gone to make payment and also to make payment to the labourers and when they reached near the demolished house of Nunu Singh then all the accused persons alongwith one Govind Raut and one unknown person came there and have surrounded them. Out of them, the appellants Ram Kumar Raut and Shyam Shankar Raut were armed with double barrel gun, Shankar Raut was holding a pistol in his hand, Jagdish Raut and Govind Raut were armed with lathi, Ashok Prasad was armed with farsa and Anil Prasad Yadav was having a sword whereas the unknown person was having a lathi in his hand. Accused Jagdish Raut demanded money from the informant upon which he stated that the money is with his brother Arjun Yadav. In the meantime, Jagdish Raut and Govind Raut caught hold the hands of the informant and Ram Kumar Raut and Shyam Sundar Raut caught hold of Arjun Yadav and demanded money whereas Arjun Yadav (deceased) told them that he had no money and thereafter Jagdish Raut ordered to kill him. Accused Ram Kumar Raut fired from his double barrel gun on Arjun Yadav which hit him on the chest and thereafter he fell down and thereafter accused Shyam Sunder Raut took out of Rs. 4510/ - from the pocket of Arjun Yadav and Shyam Sunder Raut also fired upon Arjun Yadav.

(3.) THE informant being the eye -witness claimed to have accompanied his brother Arjun Yadav (deceased) and alleged that the accused persons armed with double barrel guns, sword, lathi etc. surrounded them and they demanded money from them and thereafter they killed his brother Arjun Yadav by causing injury with the double barrel gun. He also claimed to had identified the appellants in the light of torch. According to the informant, the appellants tried to drag away the dead body but he raised hulla and with the help of labourers he could have stopped taking away the dead body by the accused persons.