Hari Shankar Prasad, J. - (1.) THIS appeal is directed against the Judgment of conviction dated 14.10.1993 and order of sentence dated 16.10.1993 passed in Sessions Trial No. 291/93, whereby and where -under learned 3rd Additional Sessions Judge, Dumka (Santhal Pargana) held the appellants guilty under Section 395, IPC and sentenced them to undergo RI for ten years.
(2.) PROSECUTION case in brief is that in between the night of 25/26th January, 1992 at about 1 a.m. Madan Mandal. informant, lodged an FIR with Dumka (M) P.S. that at about 8 p.m. in the night he was sitting in the darwaja of Gujar Mandal, whose house is situated just in front of the house of the informant, when 3 -4 persons came from western side with torch light in front of the darwaja then informant enquired as to who were there and then all the dacoits entered the house of the informant and started looting the articles and then informant and his son fled to the village and raised alarm. The villagers assembled in front of the house of the informant and Karu Mandal, son of the informant and another villagers started shooting arrows, whereupon dacoits whispered to hurry up and they explored bomb within 10 to 12 minutes. Dacoits after committing dacoity fled away and then informant entered the house and there he came to know that dacoits had carried away utensils, one HMT watch, ornaments, cash etc. from the house of the informant and wife of informant was found senseless on a cot and died within no time. The informant claimed to have seen the dacoits in the torch light and also claimed to identify them by their faces. On the basis of this piece of information, police registered a case under Section 396, IPC against unknown but in the course of investigation arrested some persons and put them on TIP and two of them were identified in TIP, who are appellants here. After submission of charge -sheet cognizance was taken and case was committed to the Court of Sessions where charges were framed and the learned Court below, after taking evidence both oral and documentary, held the appellants guilty under Section 395, IPC and convicted and sentenced them to undergo RI for ten years.
(3.) PROSECUTION has altogether examined 7 witnesses. PW 1 is the informant Madan Mandal. PW 1 has supported the case and stated in his evidence that he was sitting in front of the darwaja of Gujar Mandal and when he was gossiping with Gujar Mandal he saw some dacoits in the flash of torch light and enquired as to who were there then 3 -4 dacoits entered his house. He fled away to the village and raised alarm and villagers assembled at the P.O. and thereafter dacoits exploded three bombs and looted away articles from his house worth Rs. 5000/ - including ornaments etc. He further stated that he appeared in TIP and identified two of them. 4. PW 2 is Gauri Devi. She is daughter of informant Madan Mandal, She has stated that 8 -9 dacoits entered into the house and dacoits searched for her mother and woke her up and demanded key to the shop. She handed over key to her mother and her mother handed over key to the dacoits. She further stated that dacoits also assaulted her and her mother. She also saw them in the light of the lantern and claimed to identify them. She appeared in TIP and identified two of them.;