Decided on July 19,1979

STATE OF BIHAR Respondents


M.P.Varma, J. - (1.)There are two appellants, Mehadi Mian and Ibrahim Mian. Both of them have preferred this appeal against the orders of conviction and sentence imposed on them by a judgment dated the 30th March, 1978, passed by Shree Satya Naryan Prasad Seth, Second Assistant Sessions Judge, Madhubani. Both Mehadi Mian and Ibrahim Mian have been convicted under section 395 of the Indian Penal Code, and each one of them has been sentenced to suffer rigorous imprisonment for ten years.
(2.)According to the prosecution, in between the night of the 20th and 21st of May, 1974, about 20-25 persons committed dacoity in village Basudeopur Tole Balua, under Police Station Loukaha, in the district of Madhu bani, in the houses of Panchi Sah, Gafoor Mian Munar Sah, Asharfi Sah and Nandu Sah, in which they took away properties worth several thousand. The Police registered a case at the Loukaha Police Station on the statement of Panchi Sah (P. W. 7). He has stated that when he was sleeping at his darwaza, a gang of dacoits, carrying various weapons, torches, etc., raided his house, some of them came up to him, woke him up, asked him not to raise Hulla aud demanded the keys of the boxes. In the meantime, some other companions of the dacoits, broke open the door of the shop of Panchi Sah, which was attached to his residential house, and looted away boxes containing cash, clothes and also a bag of rice. Some other dacoits entered the inner apartments, where his wife and children were sleeping and took away utensils and other articles.. His son, Douyelal was also sleeping there and on his refusul to point out cash, he was beaten up by the dacoits. Panchi Sah, in his statement made before the Police, claimed to have identified three dacoits, Mehadi Mian (appellant No. 1 ). Ibrahim Mian (appellant No. 2 ), and one Matra Yadav. In his Fardbeyan, Panchi Sah has given descriptions of some other by their faces in the light of the torches which the dacoits were carrying. He has stated that the dacoits while retreating committed dacoities in the neighbouring houses of different persons, as state above.
(3.)The Police, after investigation, submitted charge-sheet againat the aforesaid three accused. There was a. commitment inquiry under Chapter XVIII of the Code of Criminal Procedure, and thus these two appellants were put on trial in the Sessions Court on the charge under Sec. 395 of the Indian Penal Code. I find from the records of the court below that the case of the third accused, Matar Yaday, had already been separated.

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