KAMLESHWARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the above Criminal Appeals are being disposed of by a common judgment as they arise out of Sessions Trial No. 263 of 1995.

(2.) FARDBEYAN of one Ratan Kumar Agrawal has been made basis for F.I.R. which, in short, is that on 14.12.1994 at about 7.00 pm., he was sitting in his gaddi situated in front of his house along with his cashier Ratan Kumar Jain and other business men including Madan Chand Pugalia, Upendra Bhagat and two others. His wife, mother, father, uncle, aunt and other family members were sitting inside his house. In the meantime, about 14-15 dacoits entered his gaddi armed with pistol threatened them on the point of pistol. Madan Chand Pugalia was assaulted by means of butt of pistol on his mouth which broken his front teeth. They snatched Rs. 1000.00 from the pocket of Upendra Bhagat, Rs. 2000.00 from Cashier and taken away Rs. 1744.00 from galla bearing endorsement on one note about Rs. 1744.00. There was light of generator facilitating to identify dacoits by face.

(3.) IN course of investigation, some more material was collected by the I.O. including apprehension of Binod Kumar Sah, appellant of Cr. Appeal No.128 of 1999 and Bachchu @ Jai Prakash Kurail, appellant of Cr. Appeal No. 157 of 1999 along with Rs. 715.00 and Rs. 430.00 in cash respectively.