RATAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 18th January, 1993 passed in Sessions Trial No. 202/91 by Sri S.K. Sharma, 4th Additional Sessions Judge, Dhanbad, thereby and thereunder both the appellants were found guilty under Section 395, I.P.C. and they were convicted and sentenced to undergo rigorous imprisonment for six years each.

(2.) THE prosecution case, in short, is that on 15.11.90 at about 10.45 p.m. when the informant Basuki Singh, driver of bus bearing No. BPU 3392 came near Lodhriya bridge on Gobindpur Giridih road, he found the road blocked and a jeep was also standing on the road and similarly one Raj Transport Bus and a truck were also standing and several dacoits were looting the articles of the passengers and the drivers. The informant tried to escape by taking his bus behind, but in the meantime the dacoits came and they exploded a bomb, due to that a passenger Bhagwan Rout and one Umakant sustained injury. The dacoits looted cash, writ watches an various articles of the passenger, the details of the same had been furnished in the FIR and further the dacoits also caused injury to the jeep driver and two others and they looted the passengers of the Raj transport bus and that of the occupants of the truck and after the looting the dacoits escaped away. Immediately thereafter, a police jeep came from Tundi P.S. and the informant gave his fardbayan on the spot and gave details version as mentioned above. The police after recording the fardbayan instituted this case and referred some 'of the injured to Tundi hospital for treatment. During investigating, the police recovered some stolen articles from the appellants and other accused persons and suspects were put on T.I. Parade and these two appellants were identified by a witness. The police after completing investigation submitted charge sheet under Sections 395, 412, IPC against several accused persons.

(3.) NOW the only question for consideration is if these two appellants alongwith others took part in this road hold up case which took place in the night of 15.11.90. Admittedly the appellants had not challenged the factum of dacoity and they had simply challenged the factum of their participation. Moreover, from the evidence of P.W. 9 James Bara, Jeep driver P.W. 10 Basuki Singh driver of the bus P.W. 11 Shamsur Rahman coupled with the evidence of P.W. 12 the I.O., this fact is well proved that about 15 16 dacoits blocked the Gobindpur Giridih road near Lodhria bridge which resulted in the stoppage of the vehicle from both side. It has come in evidence that the dacoits were with fire arms. Lathi and other weapons and they exploded bomb and the passengers including driver and conductor of the bus of the informant and the occupants of the jeep and also the occupants of the truck bearing No. BHM 9101 were looted of their cash amount in the shape of currency notes, wrist watches and various other articles after causing hurt to them. From the evidence of the doctor who has figured as P.W. 8, this fact is also well proved that on the next day of the occurrence, that is, on 16.11.90 he examined James Bara, the occupant of the jeep i.e. P.W. 9, Bhagwan Raut, the passenger of the bus and found various injuries on their persons. So the factum of this dacoity which took place in the night of 15.11.90 on a road near Lodhria bridge is well proved.