SUKHDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has been transferred from Patna. As nobody appeared on behalf of the appellants, Miss. Sweety Topno assisted the Court on behalf of the appellants.

(2.) This appeal arises out of the judgment dated 10-6-1994 passed by Shri. Mahesh Prasad Tiwari, 1st Additional Sessions Judge, Dumka convicting the appellants under Section 396 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for ten years.

(3.) One Bishwajit Hembrom, the informant of the case (P.W. 9) lodged a first information report on 28-1 -1992 at 5 A.M. that in the previous night, he, his wife Smt. Sanodi Kisku (P.W. 4) and his brother Manoj Kumar Hembrom (P.W. 15) were sleeping in their house and his grand mother (MantiSoren) was sleeping in the Kitchen. The doors of the house were closed with the help of a piece of wood "Hurka". At about 1 A.M. in the night, the informant and his wife woke up due to dashing on the door. Torch flashed in the room and in the torch light, he saw 4 to 6 dacoits. The moment the informant woke up, one of the dacoits attempted Tangi blow at his forehead. The dacoits were demanding cash. A second blow was attempted by one of the dacoits. The informant succeeded in snatching tangi from one of them. His brother (P.W. 15) was also injured by one of the dacoits. In the meantime, he also heard cries of her grand mother from the kitchen. The dacoits looted various articles and fled away. The informant found that the dacoits had killed grand mother and looted away her gold nose ornament and cash.