PRATAP CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the Cr. Appeal i.e Cr. Appeal No. 180 of 1999 and Cr. Appeal No. 37 of 2000 were taken up together for hearing as both the Cr. Appeals arise out of the same judgment dated 17.5.1999 passed by the 5th Additional Sessions Judge, Purnia in Sessions Trial No. 280 of 1996 whereby he has been pleased to convict both the appellants, namely, Pratap Chouhan and Babu Lal Mistry under Section 395 of the Indian Penal Code and sentenced each of them to undergo RI for ten years and imposed a fine of Rs. 2500/-, and in default of fine each of the appellant was directed to undergo RI for six months under Section 395 of the Indian Penal Code. By common judgment which is being passed in Cr. Appeal No. 180 of 1999 both the appeals will be disposed off.

(2.) The prosecution case, in brief, is. that the informant Md. Jamaluddin gave his fardbeyan on 14.2.94 at 11.00 a.m. before the SI B. Choudhary, Officer In-charge of Kasba police station, District: Purnea to the effect that in the night of 13.2.94 at about 7.45 p.m. after taking his meal he came to the Angah of his house and then he heard hulla and cry of some untoward incident coming from the Darwaja of the house of his brother Abdul Samad. On hearing cry, he thought that some quarrel was going on between his brother Abdul Samad and his another brother Sattar and, so, he shouted that why they were doing maarpeet. Further case is that the informant went to the verandah of Abdul Samad in order to intervene between two quarreling brothers but On reaching at the verandah of his brother he in the light of lantern and torch saw some outsiders who were 7-8 in numbers and who were armed with rifle, farsa, khanti, bows, and arrows inside the house of his brother Abdul Samad. It is further said that as soon as the informant reached at the verandah of his brother 3/4 dacoits started assaulting him with lathi. Thereafter, the informant fled away from there and concealed himself at some distance from where he saw the dacoits committing dacoity in the house of his brother Sattar and Abdul Samad who were residing in the same house. Further case is that in the torch light and in the light of lantern the informant identified Pratap Chouhan, Babu Lal Mistry, Devendra Chauhan amongst the dacoits. It is said that the informant's brother Abdul Samad had also identified the above named three dacoits. The informant claimed that he had identified five other dacoits by face. After running away of the dacoits, the informant came back to the house of his brother Abdul Samad and came to know that the jewelleries, utensils, VIP briefcase and bags etc. had been looted away by the dacoits from the house of his two brothers. It is further said that while the dacoits were running away they left behind a pair of plastic chappal, one khanti, three arrows at the place of occurrence. It is further said that the khanti which was left by the dacoits belonged to accused Suman Chauhan and accused Babu Lal Mistry had manufactured the same at the instance of Suman Chauhan.

(3.) On the basis of the above fardbeyan of the informant Kasba PS case No. 55 of 1994 under Section 395 of the Indian Penal Code, was instituted and investigation of the case was taken up by SI, Baleshwar Choudhary, Officer Incharge of the said PS. After investigation, chargesheet was submitted against the appellants under Section 395 of the Indian Penal Code and, accordingly, cognizance was taken and by order dated 14.6.96 passed by the Chief Judicial Magistrate, Purnea, the case was committed to the Court of Sessions.