RABI DARI Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction and sentence dated 20-7-1996 passed by Shree mahesh Prasad Tiwari, 5th Additional Sessions Judge, Dumka in Sessions Trial No. 209 of 1995 by which judgment the learned additional Sessions Judge found the appellants guilty under Section 395 of the Indian penal Code and convicted them thereunder and sentenced them to undergo R. I. for 5 years under Section 395 of the Indian Penal code.

(2.) THE prosecution case was started on the basis of the first information report given by Parmeshwar Mandal on 6-3-1995 at 8. 30 hrs. at his Kiran a Shop, Sarsabad (Maharo ). He stated that on 5-3-1995 i. e. Sunday at 9 p. M. in the night when after closing the shop he was sleeping inside the shop with his wife, sumati Devi. Then at about 2 A. M. on the door of the shop somebody started knocking the door with stone and a log of Kathal tree about 2" diameter and 4" long. He and his wife started shouting for help out of fear, but nobody came from the village. Lastly, the door was broken from the Kabja and accused, Rabi Dan son of Haripada Dan of village Maharo, Guddi Mandal son of Badri mandal of village Sarsabad and Chhotelal mandal son of Late Kartick Mandal of village Maharo, entered into the shop with chura and torch light in their hand and pushed him and his wife from their cot, they fell down on the ground. Thereafter the accused, Guddi Mandal snatched the Golden makari (earring) worth of Rs. 700/- and silver chain from her neck worth Rs. 200/- from the person of his wife. Thereafter; they asked them to close their eyes. Her wife was bleeding from her ear. Since, they threatened to assault by Chura, hence, they closed their eyes out of fear. Thereafter all the three accused persons looted articles such as (i)sugar 50kg. worth of Rs. 600/- (ii) rice 50 kg. worth of Rs. 350/- (iii) coconut oil 5 kg. worth of Rs. 250/- (iv) biscuit 3 cartoon worth of Rs. 300/- (v) mustered oil (Gopal tin) 5 kg. worth of Rs. 200/- (vi) masur dal 10 kg. worth of Rs. 150/- (vii) chura 5 kg. worth of Rs 40/- (viii) egg 20 piece worth of rs. 30 (ix) life boy soap 24 piece worth of rs. 72 (x) Nirma bath soap 4 pieces worth of Rs. 20/- (xi) Nirma Beauty soap 8 pieces worth of Rs. 40/- (xi) kurkuri biscuit 5 kg. worth of Rs. 50/- (xii) dalmot 5 packet 50gm. worth of Rs. 135/- (xiii) open dalmot 2 kg. worth of Rs. 36/- (xi) Chota tea 1 kg. worth of Rs. 50/- (xv) murga soap 24 pieces worth of Rs. 42/- (xvi) parag soap 12 pieces, sona soap 12 pieces worth of Rs. 128/ (xvii) jira goalki 1 kg. worth of Rs. 90/- (xviii) bidi 5000 piece's worth of Rs. 200/- (ix) patromax fr worth of Rs. 200/- (xx) degatoo worth of rs. 1350/- (xxi) wall watch 1 piece worth of rs. 150/- (xxii) kanta (small) 2kg. to 5 gm. and Rs. 60 cash. When they were breaking the door of the shop they saw 7 to 8 persons are standing outside. He stated that the dacoits standing outside were wearing fulpant, shirt, half paint, black coloured ganji. All the accused persons were of samla colour, aged about 25-30 years having lathi and torch in their hand. Rabi Dan was wearing black coloured shirt and katha coloured 'fulpant'. Chhotelal Mandal was wearing matmaila coloured paint and black coloured shirt. Guddi Mandal was wearing half paint and black coloured bushirt. All of them had closed their head by black coloured cloth and they were wearing black coloured round cap. He alleged that the dacoits have looted goods worth of Rs. 4,933/ -.

(3.) ON the basis of the aforesaid fardbeyan police registered a case under Section 395 of the Indian Penal Code and after investigation submitted charge-sheet against three accused persons named in the fardbeyan. Accordingly, the accused persons were taken cognizance under Section 395 of the Indian penal Code and since the case was exclusively triable by court of Session and the same was committed to the court of Session, where the trial was held as aforesaid and all the three accused persons were charged as, stated above.