SIKANDAR ANSARI Vs. STATE OF BIHAR NAW JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-6-1998 passed by the Additional Sessions Judge, SahebganJ, in S.T. No. 246 of 1995, whereby he was convicted for the offence under Section 396 IPC and sentenced to undergo rigorous imprisonment for life.

(2.) Facts of the case, stated briefly, is that on the night of 25/26th September, 1994, a dacoity was committed in the house of the informant (PW4) in presence of all the members of the family, including father, mother and sister and household articles were looted away by the dacoits. On hearing alarms, one neighbouring resident namely Dhana Hansda came to the house of the informant, but he was caught by the dacoits and one of them shot at him from point-blank range causing his instant death. The matter was reported to the police in the evening on the following day and on the basis of the report, the case was registered against unknown persons for the offence under Section 396 of the Indian Penal Code. The present appellant who was in custody in connection with another case and lodged in Jail at Gumla, was remanded to custody in this case on 19-8-1995 on the requisition filed by the investigating officer. The prosecution has claimed that the present appellant was seen and identified by two witnesses namely PWs 3 and 4 as one of the dacoits and the person who had killed the deceased.

(3.) The appellant had denied the charge pleading not guilty and has claimed that he was falsely implicated in the case by the police in connivance with the witnesses.