SAHEB GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 21.4.1992 passed by Shri Om Prakash Sinha, Additional Sessions Judge, Pakur (Sahibganj) in Sessions Case No. 243 of 1990, 18 of 1991. The appellants No. 1 and 2 have been convicted under Sec.395/412, Indian Penal Code and appellant No. 3 has been convicted under Section 395, IPC. The appellants have been sentenced to suffer rigorous imprisonment for seven years under Sec.395, IPC. Appellants -Gaffar Seikh and Saheb Ghosh have further been sentenced to suffer rigorous imprisonment for seven years under Section 412, IPC. However, the sentences are ordered to run concurrently.

(2.) THE Informant -Tarapada Nag (PW 9) lodged a written report on 29.6.1989 at 10 a.m. about the dacoity in his house in the preceding midnight (28/29.6.1989). It was alleged that he along with his family members was sleeping in his house situated in village Mathara Barmasia. 'Dhibri ' (Oil lamp) was burning in the rooms. In the midnight, someone dashed on the door by which 'Hurka ' (wooden bolt) was broken. Four dacoits entered into the house. They caught hold the informant, assaulted him and pointed a 'chaku ' (knife) towards his neck and asked him for money, ornaments etc. The informant identified one of the dacoits as Birbal Paharia (absconding). The dacoits tied both hands of the informant and took him to another room, broke the lock and opened the door by 'sabol '. From this room, the dacoits looted Rs. 9061/ - in cash, certain jewellery and utensils. They looted Rs. 1150.00 , certain jewellery and clothes etc. from another room. One torch and one umbrella was also looted. One of the informant 's brother (PW 10 Chhabi Lal Nag) raised alarm. Some dacoits, who were outside the house, threw bombs but he escaped. In the meantime, one Dhirendra Dey (PW 1) shot two arrows towards the dacoits. Dacoits again hurled bombs on him. The villagers started assembling there. The dacoits started fleeing away with looted articles. Several villagers including PWs -1, 3, 4, 6 and 9 chased and caught two dacoits, who disclosed their names as Saheb Ghosh and Gaffar Sk. Certain looted articles were also recovered from their possession. The dacoits confessed before the informant and other villagers about their involvement in the crime along with five other companions namely Jogo Paharia, Biren Paharia, Naresh Santhal and Birbal Paharia.

(3.) LEARNED counsel for the appellants submitted that in paragraph 14, the I.O. (PW 12) has said that PW 7 did not tell him that dacoits entered into the rooms and tied him and he identified the dacoits in the light of 'dhibri '. It appears from para 10 of the case diary that this PW 7, stated before the police about the occurrence of dacoity in short. He has said that the dacoits entered into the house and after tying him, asked for the valuables etc.