VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants above named has been preferred against the impugned judgment and order dated 28.8.1995 passed in Sessions Trial Nos. 174 of 1986/ 70 of 1995 by Shri D.D. Guru, Assistant Sessions Judge, Ghatshila, East Singhbhum whereby and whereunder both the appellants were guilty for the offence punishable under Section 395 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for ten years.
(2.) THE prosecution case has arisen on the basis of the first information report (Ext. 5) lodged by PW 6 Doman Patar, the informant, against unknown dacoits before Chakulia Police Station on 9.4.1984 at 11.30 hours regarding the occurrence which is said to have taken place in the night between 8th and 9th of April, 1984 in his house situate at Village Aamdangara, Tola Dumridih, PS Chakulia, East Singhbhum. The prosecution case, in brief, is that the informant awoke in the night of the occurrence after hearing bark of dogs and he came out of his house after opening the door and found two persons standing at his door and one of them asked for match box from him and he provided it to him. It is alleged that in the meantime, his son saw through his window, some of the persons standing in the back of his house and he came out of his house and raised alarms and fled away towards the village and in the meantime those persons came to the informant from behind his house and caught him and assaulted him and six or seven of them entered in his house and started looting his household effects and also started assaulting the inmates of his house. The prosecution case further is that Manoran -jan, the son of the informant was coming to his house on alarms of the informant and one of the dacoits threw a bomb at him, which exploded causing injuries on the thumb of his left leg. It is alleged that a lamp was burning inside the house and dacoits were also searching the household effects in the flash of their torch and they also intimidated his wife Sawitri Bala Patar and his daughter Arti Bala Patar and were asking from them about the household effects and they identified two of them in flash of torch as well as in the light of lamp and they are the resident of village Jharia and one of them was a scheduled tribe boy of a short stature and of dark colour whose front teeth was protruded and the other was a young Mahto, of dark complexion having pox pitted face and all the dacoits were armed with tangi, lathi, bow and arrow and they were young and the dacoits committed dacoity in his house for 15 to 20 minutes and after committing the dacoity they fled away towards south of the village. It is also alleged that the dacoits have taken away ornaments, gold and silver,utensils and clothes, worth Rs. 29,990/ -.
(3.) IN course of investigation, both the appellants were apprehended and they were put on test identification parade and PW 4 Manoranjan Patar identified appellant Lebo Hansda in the test identification parade conducted in the District Jail, Jam -shedpur and thereafter test identification parade of appellant Mihir Kumar Mahto was held inside the court room in which he was identified by PW 6 Doman Patar, PW 4 Manoranjan Patar, PW 3 Arti Bala Patar and PW 2 Sawitri Bala Patar.;