THE STATE OF JHARKHAND Vs. BINOD SINGH

JUDGEMENT

(1.) The Government Appeal and the Criminal Revision, preferred by the State and the informant respectively, are directed against the judgment and order of acquittal passed by learned 1st Additional Sessions Judge, Chatra in connection with Sessions Trial Case No.354 of 1994 on 5.3.2001 corresponding to Chatra PS Case No.146 of 1992, whereby and where under the respondents-accused persons have been acquitted of the charges levelled against them.

(2.) The case of the prosecution in brief is that in between the night of 29/30.07.1992 some criminals came to the house of the informant Chandra Kishore and at about 11.00 p.m. they entered into the compound by uprooting the Farki (door). It is stated that the informant, his aunt and his cousin were sleeping in a room which was closed from outside by these dacoits. Further, it is stated that Badri Mahto and Kaushal Kishore, who were sleeping in the Verandah, were assaulted by the miscreants which was seen by the informant in the torch light through window. The informant and other family members raised Hulla but those miscreants threatened them for keeping silence and after that they committed dacoity and on threat, they compelled them to open the door and then two of them entered into the house, who had covered their face by clothes. Further it is stated that one of the miscreants assaulted the informant with fists and slaps and another assaulted his aunt, as a result of which she fell down and when she stood, these dacoits caught her and brought in the courtyard and snatched her ornaments and they were also asking about cash and then they took away two boxes from the house and caught his aunt and took her with themselves and they shut the door of the informant's room from outside. The informant had seen four dacoits in the courtyard and two were in Varandah who were assaulting his brother and grandfather. Further, he said that his aunt returned at 4.00 a.m. and said that they were asking her about cash and ornaments. When the informant asked his aunt about the identification of the dacoits, she said that she did not identify and said that one of the dacoits gave her lathi blow on the leg. He further said that before returning of his aunt, on his Hulla villagers had gathered at his house and his neighbour Ramotar and his mother reached there and opened the door and after that he came out and saw that his grandfather had died and his cousin was senseless and there was bleeding injury in his ear and nose and other parts of the body. The villagers took him to Chatra hospital where the doctor declared him dead. Further, he said that one of the stolen boxes was thrown in the western side of the house and clothes were scattered there. It is said that different articles valued at Rs.600.00 was looted and he said that he and his aunt and Sunil can identify those dacoits. Accordingly, written information about the occurrence was given by the informant Chandra Kishore, on the basis of which Chatra PS Case No.146 of 1992 was registered and the police after due investigation submitted charge sheet for the offence under Sec. 147, 148, 149, 380, 366, 376 & 302 of the Indian Penal Code against all the accused persons and accordingly cognizance of the offence was taken and case was committed to the court of Sessions, where it was numbered as S.T. No. 354 of 1994.

(3.) The plea of the defence is complete denial of the allegations.