MUSAFIR DURBEY Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Ranjan Kumar Singh and learned Additional Public Prosecutor, Mr. Pankaj Kumar.

(2.) The surviving two appellants out of the original seven appellants named in the First Information Report lodged by the informant, Tula Ram Mahto (P.W.4) are those, who faced trial under Section 396 of the Indian Penal Code along with 13 other accused persons for having committed dacoity in the house of Mansu Mahto, father of the informant and having caused his murder. By the impugned judgment dated 30.07.1996 rendered in Sessions Trial No. 82 of 1986/ 34 of 1995 passed by 1 st Additional Sessions Judge, Godda, these two appellants along with five others were convicted for the charge under Section 396 of the Indian Penal Code and sentenced to undergo imprisonment for life by the impugned order of sentence dated 02.08.1996.

(3.) As per the Fardbeyan of the informant, Tula Ram Mahto (P.W.4) at 10.30 p.m. on 6th May, 1980, 30-40 dacoits entered his house. Ram Lal Mahto his brother was sleeping outside, who was caught hold of and beaten and the door of the house was broken by these dacoits. They entered the house and committed loot in the house of the informant. The informant, who was sleeping in a room got himself concealed below the cot in the room. He identified 10 accused persons including these two appellants and also claimed to have identified certain other persons, whose name he did not know. The informant has stated that Shanker Durbey (deceased appellant) was carrying a gun in his hand and his father was shot by the dacoits. His father died subsequently in the hospital. The informant alleged loot of certain household articles and ornaments.