BUDHAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 8.9.2000 and 11.9.2000 passed in Sessions Trial No. 25 of 1998, .whereby and whereunder the learned 4th Additional Sessions Judge, Palamau at Daltonganj held the appellant guilty under Sections 395 IPC and convicted and sentenced him to undergo RI for seven years while acquitting other accused persons facing trial.

(2.) THE brief facts arc that during the night between 11/12th May, 1997, when the informant Rahmat Ansari was sleeping inside his house at village Korwadih, District Garhwa, his door was knocked by some persons telling him that they were party men and when the informant refused to open the door, he received threatening that the door will be broken open and he will have to face the consequences. According to the informant when he opened the door he found criminals standing armed with guns and sten gun, out of. which he named Budhan Chaudhary armed with sten gun and two other persons Surendra Chaudhary and Islam Mian carrying guns. According to the informant the miscreants ransacked his house and household articles alongwith cash worth of Rs. 15,000/have been looted away. Thereafter the miscreants committed dacoity in the house of one Ishaque Ansari.

(3.) THE case was committed for trial and trial was conducted by the learned lower court acquitting two persons while convicting the appellant Bhudhan Chaudhary for the offence under Section 395 IPC and sentenced him to serve RI for seven years.