AZIZ BAKHO ALIAS AZIZ MIAN Vs. STATE OF BIHAR
LAWS(PAT)-1979-7-6
HIGH COURT OF PATNA
Decided on July 13,1979

AZIZ BAKHO ALIAS AZIZ MIAN Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

M.P.Verma, J. - (1.)This appellant Aziz Bakho alias Aziz Mian was put on trial in Sessions Case No. 210 of 1975, in the Court of Shri Ram Bahadur Sinha, Sessions Judge. Muzaffarpur on the charges under sections 396 and 412 of the Indian Penal Code. The learned Sessions Judge by his judgment dated 28th May, 1976, recorded an order of acquittal so far as the charge under section 396 of the Indian Penal Code is concerned, but convicted the appellant of the charge under section 412 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years, against which the appellant has preferred this appeal from Jail.
(2.)In short, the prosecution case, as stated, is that in the night of 7th June, 1973, a dacoity was committed in the house of Musai Thakur of village Ratnauli, within Kurhani Police Station, Muzaffarpur, and in the commission of the said dacoity, this Musai Thakur and one of his sons Shyam Narain Thakur were shot at by some of the dacoits as a result of which they died. The Chaukidar of the village Ramdhari Paswan (P. W. 1) lodged information of the aforesaid incident on 8th June, 1973, at about 9 a.m. in the morning, on the basis of which, first information report was drawn up and P. W. 13 Panjabi Singh, the then Officer Incharge of the aforesaid Police Station, Khurhani took up investigation of the case. So far as this appellant is concerned, he was arrested on 5th July, 1973 in connection with some other case registered under sections 399 and 402 of the Indian Penal Code by P. W. 12 Prahlad Prasad Singh, in course of which, search of the house of the appellant was also conducted and the police succeeded in recovering some of the stolen articles said to have been looted away in the aforesaid case of dacoity committed in the house of Musai Thakur. Those stolen articles were put on test identification parade and Kedar Thakur (P. W. 4) and Kunti Devi (P. W. 6) identified the articles and the Investigating Officer (P. W. 13) of the aforesaid case of dacoity prayed for remand of this appellant in the case of dacoity registered as Sadar P. S. Case No. 30 dated 29.6.1973 and thus the police submitted charge-sheet against this appellant under sections 396 and 412 of the Indian Penal Code.
(3.)The prosecution in order to bring home the charges against this appellant examined 14 witnesses at the trial stage. It does not appear necessary to scrutinise and examine the evidence of each of the witnesses, as I have already stated above that the learned Sessions Judge on a consideration of the evidence placed before him recorded the order of acquittal so far as the charge under section 396 of the Indian Penal Code was concerned. I am, therefore, to confine myself to the charge under Section 412 of the Indian Penal Code under which the appellant has been convicted by the trial court.


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