MANSA MANDAL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment of conviction dated 28.02.1995, passed in Sessions Case No. 47 of 1991, by the 03 rd Additional Sessions Judge, Deoghar whereby the appellant was convicted for the alleged offence under Section 395 of the I.P.C. and sentenced to undergo rigorous imprisonment for seven years.

(2.) THE appellant was initially tried for the offences under Sections 395 and 397 of the Indian Penal Code but at the conclusion of the trial, he has been acquitted from the charge in respect of the offence under Section 397 of the I.P.C.

(3.) THE case of the prosecution in brief is that in the night of 5/6.06.1986 while the informant including his family members, namely, P.W. 1, P.W. 2 and P.W. 3 were sleeping in their house, they woke up on hearing the sound of knocking at the door. Feeling apprehensive, they did not open the door but they found that some outsiders had entered into the house by scaling the roof. The intruders thereafter opened the door facilitating entry of their associates into the house. The informant and the other inmates of the house, namely, P.W. 1, P.W. 2 and P.W. 3 had seen the intruders in the light of the Lantern, burning within the Verandah of the house. The intruders were armed with lethal weapons like pistols and, knives, and they had torch in their hands. After subduing the members of the house by threats of injury to their life and person, the intruders ransacked the house and looted the household articles, a list of which has been mentioned in the F.I.R. While the dacoits were retreating, a Bomb, carried by one of the dacoits exploded, resulting in fatal injury to him and to one of his associates who later succumbed to his injuries. In the meanwhile, on the alarm raised by the informant and his family members, several persons of the village arrived and they managed to apprehend one of the Dacoits who was assaulted by the villagers and as a result of the same he too succumbed to his injuries. Some of the villagers had shot arrows at the Dacoits but since no arrow was found at the spot, it was presumed that the other Dacoits who managed to flee away, had carried away the arrows alongwith them. None of the two dacoits, who had succumbed to their injuries, at the spot could be identified by any of the villagers. The person who had sustained injuries by the Bomb explosion was alive and he was apprehended. He disclosed the names of his associates before being taken to the Hospital. In course of his treatment at the Hospital, he died.