VISHNUDEO NARAYAN, J. - (1.) BOTH the appeals aforesaid have been directed by the appellants named above against the impugned judgment and order dated 30.4.1990 passed in Sessions Case No. 377 of 1988 of Shri Ram Vyas Ram, 4th Additional Sessions Judge, Santhal Paraganas, Dumka whereby and whereunder the appellants were found guilty for the offence punishable under Section 395 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for nine years each. Both the appeals aforesaid are hereby disposed of by this judgment.
(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Ext. 2) of P.W. 3, Santlal Thakur, the informant recorded by S.I. Chitranjan Shit of Boriyo PS. on 29.6.1982 at 10.00 hours in village -Rakso regarding the occurrence which is said to have taken place in the night between28.6.1982 and 29.6.1982 in his house situate in village -Rakso P.S. - Boriyo, District - Dumka (now Sahibganj) and the case was instituted under Section 395 of the Indian Penal Code by drawing of the formal F.I.R. (Ext. 9) on 29.6.1982 at 20.00 hours which was received in the Court empowered to take cognizance on 30.6.1982. The prosecution case, in brief, is that the informant with his family members was sleeping in the night between 28.6.1982 and 29.6.1982 in the Western Dhaba of his house and he awoke in the mid night on the cry of his mother, P.W. 2, Fulki Devi and he also heard the dacoits abusing her in course of assault on her and out of fear the informant did not open the southern door of his room. It is alleged that immediately thereafter he heard the sound of pushing the door of his room as a result of which the wooden hook of the door of his room broke and the door was opened and two persons with lantern entered into the said room and the informant attempted to flee away from there but one of them assaulted him by Lathi and the dacoits armed With Lathi enquired from him as to where he has kept money. It is alleged that the informant saw their face in the light of the lantern. It is also alleged that as a result of the assault on his head by Lathi he fell down and after sometime when the dacoits fled away from his house he came out of his room and ran to the house of Mahendra Pandit and called him and Mahendra Pandit and others came out of his house and they provided him water and also necessary aid and thereafter he felt that blood is oozing from his head. It is also alleged that thereafter he went to his house from there and enquired from his family members and learnt that the dacoits have assaulted his father, mother and Bhabhi and they have taken away the household affects from his house. The prosecution case further is that the dacoits have also entered in the house of P.W. 6, Anant Lal Thakur and have taken away nose pin (Nakphool) from Sumitra Devi, the wife of Anant Lal Thakur and she has also seen the face of dacoits in the flash of the torch of the dacoits. It is further alleged that P.W. 2, Fulki Devi told the informant that the dacoits have removed her nose pin and when the dacoits were removing her nose pin she had started crying and at this stage the dacoits gave her two or three blows by Lathi and they were asking for the key of the boxes and one of dacoits lighted the lantern kept by the side of her bed and in the light of the lantern she has seen four dacoits and she has thrown the key of her boxes on intimidation of the dacoits and thereafter dacoits entered in the other rooms of the said house. It is also alleged that the father of the informant P.W. 1, Puran Thakur has stated that the dacoits have also assaulted him causing injury on his mouth as a result of which his tooth fell down and he identified appellants, Krishna Kant Thakur and Chhaku Lal Thakur besides Bhim Pandit who were standing by his side and they were asking for the money from him and he told them to go to P.W. 2, Fulki Devi to demand money. It is also alleged that the wife of his younger brother came out of her room and she saw a dacoit in the courtyard and he gave three or four blows from the Lathi on her person and in course of commission of dacoity she fled away from the house. It is further alleged that the informant has also enquired from three Paharias who were sleeping in his house under intoxication and they have also seen the dacoits while the dacoits were removing their money after assaulting them. The prosecution case further is that he heard, the sound of explosion when the villagers were assembling at the place of the occurrence and the dacoits fled away from there. The details of the household affects taken by the dacoits have also been mentioned in the Fardbeyan (Ext. 2).
(3.) IN course of investigation some of the dacoits were apprehended and they were put on test identification parade conducted by P.W. 10, Shri Santosh Kumar Sinha, the then Judicial Magistrate, Sahibganj on 27.8.1982 in which appellants, Jai Prakash Singh and Tara Chand Singh were identified by P.W. 3, the informant whereas P.W. 2 Fulki Devi also identified appellant, Tarachand Singh as participants in the commission of the dacoity.;