SITA RAM KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) AT dead of night while house inmates were fast asleep, Nahid Alam (P.W.4) got awakened when some one pushed door planks of the room, and shortly thereafter miscreants having gained their access in inner apartment of the house, holding arms, coerced house inmates, assaulted Sayeed Ali, removed house belongings, which includes ornaments, utensils, radios, etc, and white retreating with the booty, also exploded bomb to scare those who had courage to collect there. Fardbeyan of Nahid Alam (P.W.4) was recorded by Police at 7 p.m. on 20th October,1998, pursuant to which investigation commenced, on conclusion of which Police laid charge sheet before the Court. In the eventual trial that commenced, State examined altogether six witnesses, who were house inmates, doctor, and also Investigating officer. Defence too examined two witnesses and brought on the record, Exhibits A and B.

(2.) DEFENCE of the appellant both before the court below and this Court had been that of plain innocence and his false implication due to persisting feud between the parties for which Exhibit B was sought to be placed on record by the appellant. Trial court, however, while negativing plea of innocence of the appellant, recorded verdict of guilt under section 395 of the Indian Penal Code (IPC) and sentenced the appellant to suffer rigorous imprisonment for a term of seven years which is under challenge in this appeal.

(3.) DR . Yogendra Prasad (P.W.5) stated to have examined Sayeed Ali (P.W.1), father of informant, who allegedly suffered injuries at hands of the appellant with prick of sword, and the doctor stated to have noticed scratches and swelling on his person. Birendra Prasad (P.W.6) was the Investigating Officer, who stated to have rushed to village Kachna Patharghate on receipt of confidential information about commission of dacoity in a house, and the witness states to have recorded fardbeyan of the informant, noticed marks of violence, which were broken boxes and also part of broken planks. He also states to have noticed signs of explosion of bomb, for which a seizure memo (Exhibit 5) was prepared by him. The witness stated to have recorded statement of witnesses and laid a trap in the house of the appellant when he was found absconding and was eventually, apprehended on 22nd October, 1998. This is all the evidence that has been adduced on behalf of the State.