BHAIRO SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 17.2.1994, passed by Shri Alakh Kumar Dubey, 1st Additional Sessions Judge, Doghar in Sessions Case No. 77 of 1991 convicting the appellants under Section 395, IPC and sentencing him to undergo R.I., for ten years each.

(2.) THE prosecution case in short is that on 22.8.1974 between 9 and 10 p.m. at village Bara Khairwa, P.S. Jasidih, District Deoghar, the informant Arjun Prasad Rai along with his brother Sahdeo Rai was sitting in the courtyard in front of his house. It is alleged that appellants entered into the house of the informant with lathi, barchha, sambal, farsa. On the sight of the aforesaid persons, the informant and his brother, managed to go inside his house through window and bolted the door from inside. Some of the appellants entered into his shop and some broke the door and also threw bomb on the courtyard which caused injury on the leg, abdomen and hand of the informant and the left hand of his son. The informant assaulted one of the dacoits by farsa. The brother of the informant, PW 2 identified them in the light of torch. On hulla, PWs 1, 2 and 3 came to the scene of the occurrence but the dacoits fled away with household articles including utensils, ornaments, one radio and a sum of Rs. 725/ - (Seven hundred twenty five).

(3.) ALTOGETHER five witnesses were examined by the prosecution. PW 1 is a neighbour and gotta of the informant, who stated that on hearing the sound of bomb -blast, he rushed towards the house of the informant with torch and saw the appellants fleeing. He learnt from the informant that appellants committed dacoity in his house and threw bomb causing injury PW 2 is the full brother of the PW 1. He stated that on hearing bomb -blast, he rushed towards the house of the informant and saw the appellants fleeing away from the house; he saw the wooden door broken and remainders of bomb -blast and also saw the informant and his son in injured condition and that the informant told him about dacoity. This witness identified the appellants in Court. PW 3 stated that on hearing sound of bomb -blast, he rushed towards the house of the informant and saw 5 to 7 persons in the northern portion of the house of the informant but he could not identify them. PW 5 also heard the bomb blast and saw the informant and his son in injured condition and found the articles of the shop scattered. PW 6 and 7 are the formal witnesses.