VISHNUDEO NARAYAN,J. - (1.) This appeal at the instance of the appellant is directed against the impugned judgment and order dated 16.10.1993 passed in Sessions Trial No. 32 of 1992 I 98 of 1992 by Shri am Prakash Sinha, Additional Sessions Judge, Pakur whereby and whereunder the appellants were found guilty for the offence punishable under Sections 395 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for five years.
(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Ext.2) of P.W.1 Abdul Bari, the informant recorded on 3.4.1990 at 4.00 hours by S.1. Dinanath Ram, OIC, Pakur Muffasil P.S. at the house of the informant situate at village Janki Nagar, P.S. -Pakur Muffasil, District Sahibganj regarding the occurrence which is said to have taken place in the night between 2nd and 3rd of April, 1990 at about 2.20 hours in his house aforesaid. On the basis of the said Fardbeyan, a case was instituted against he appellants along with others under Section 395 of the Indian Penal Code by drawing of a formal first information report (Ext.3) on 3.4.1990 at 9.30 hours, which was received in the Court on 5.4.1990 empowered to take cognizance. The prosecution case, in brief, is that the informant along with his family members was sleeping in his house in the night of the occurrence and he got up at about 2 A' clock in the night between 2nd and 3rd April, 1990 and he came out of his house to ease himself and thereafter he returned to his room and took out rupees eighteen thousand from his box and kept the same on his bed as he was to go to purchase some parts of his truck which had broken and at about 2.30 hours he heard rattling sound at the door of his house caused by Dhan (a heavy iron hammer) and his wife came in the verandah and found the dacoits breaking the door of the said house and she reported about it to the informant and at this the informant closed the door of his room from inside. It is alleged that the dacoits thereafter started breaking the door of this room as a result of which the latch of his door broke and 15 to 20 dacoits entered in his room in which there were two lamps burning. The prosecution case further is that he identified the aforesaid four appellants in the light of the lamp besides co -accused Majibur Rahman, Maikul Sheikh, Solha Sheikh, Hanif Sheikh, Jaikul Sheikh, Sahjahan Sheikh, all residents of village -Manirampur, Salam Seikh, Sakudi and Haibool Sheikh., all residents of village -Narayankhol. It is alleged that appellant Lutuful Sheikh is the resident of village Manirampur and other three appellants are residents of village Sitesh Nagar. It is alleged that the dacoits asked him as to where is the money, failing which he shall be done to death by pistol and out of fear he pointed them the said amount of Rs. 18,000/ - kept at the Palang which the dacoits had taken away. It is also alleged that the dacoits started looting articles kept in the said room and in the meantime he escaped from there and came in the courtyard where he caught a dacoit and there was a scuffle between him and the said dacoit and at this one of the dacoits gave two or three blows by rod on his left leg and he fled away from there outside his house and raised alarms. It is alleged that the dacoits who were outside from his house started exploding 14 or 16 bombs and he has also sustained injuries by explosive substance on his left arm. The prosecution case further is that the co -villagers also raised alarms and the dacoits thereafter fled away to the north of the village and they were also chased by the villagers and in course of chase, the dacoits have also exploded bombs. The prosecution case further is that the dacoits had taken away Rs. 18,000/ - besides two clock, one HMT Kanchan wrist watch, one Anglo switch wrist watch of his brother -in -law besides one gold ornament of nose of his wife. It is also alleged that Majibur' Rahman, one of the dacoits was apprehended by the villagers and the said dacoit had also received some injuries on his person in course of his apprehension.
(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to political rivalry and enmity as well as to save the informant and his camp -men for commission of the murder of Majibur Rahman.;