VIDYA SHANKAR RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the aforesaid appeals arise out of order of conviction dtd. 15/9/1999 and order of sentence dtd. 20/9/1999, passed in S.T. No. 262 of 1997 by learned Additional Sessions Judge, Dhanbad wherein and whereunder the present appellants have been convicted for committing offence U/s 412 I.P.C. and have been sentenced to undergo R.I. for five years.

(2.) In the present case, FIR being Jharia P.S. Case No. 69 of 1997 is based upon the fardbeyan of informant Manoj Kumar Burnwal who stated therein that his house is at Nayee Duniya, P.S. Jharia, District Dhanbad and in the room situated at outer side of the house, while he was making gossip with his family members and one girl Guriya of his neighborhood, then at about 8.15 P.M. in the night there was power cut and he started portable generator. It is also alleged that he had taken connection from commercial generator in the house from outside but when the current did not come from commercial generator then informant asked the said girl Guriya to see the outside why the commercial generator has yet not started and the moment Guriya opened the door of his house about 7-8 unknown miscreants entered into his house, two of them were armed with pistol and one was having bomb and others were having Chhura and Bhujali, etc. Informant claimed that he has identified two of them namely, Kallu Rawani and Birju Bhuiyan and it is stated that Kallu Rawani was standing on the main road having bomb in his hand, whereas Birju Bhuiyan was armed with pistol. The electricity connection was disconnected and miscreants started taking ornament from his mother, bhabhi and sister. Informant was asked by Birju Bhuiyan to open the almirah, then out of fear his sister Madhu Kumari opened both the almirah kept in inner and outer room and they searched said almirahs. The miscreants committed dacoity for about ten minutes in the house of informant and it is alleged that dacoits took away one gold chain, two gold ring, one gold kanbali from his mother and one gold chain with mina, one mangal sutra, two gold rings, golden kanbali from his bhabhi Kavita Devi and from his sister Madhu Kumari they took gold chain, two gold rings, gold Kanbali. Gold chain from the neck of his younger brother, Ranjit was also taken and they also looted Rs.20,000.00 and one Yashika 3D Camera, one silver key ring, six old wrist watches, out of which one was lady Titan of golden dial with golden chain, 2 allwyn of plain dial and steel chain and two were citizen, one of black dial and other of the plain dial with steel chain and one H.M.T, with plain dial with leather belt and two nose gold besar. Thereafter, they fled away by extending threat. It is further alleged that dacoits hurled two bombs which caused injury to Bijoy Kumar Singh generator labour and police patrolling party also reached there and chased the culprits but they fled away by taking advantage of darkness of night. Informant has given physical description of miscreants also and claimed to identify the miscreants, if shown to him.

(3.) From record, it appears that initially Munna Rawani was apprehended and on his confession other co-accused persons got arrested one by one and allegedly looted articles got recovered from their respective possession. After due investigation chargesheet has been submitted against appellants and other co-accused persons. Cognizance for offence was taken by learned Magistrate, thereafter matter was committed to court of session. Charge has been framed on 5/12/1997 under Sec. 397 of I.P.C. and Sec. 412 of I.P.C. out of these appellants, two other persons have been framed under Sec. 397 I.P.C. only. The substance of acquisition was read over and explained to the accused persons to which they pleaded not guilty and claimed to be trial.