VISHNUDEO NARAYAN, J. - (1.) THE appeals aforesaid have been directed at the instance of the appellants against the impugned judgment and order dated 23.4.1998, and 25.4.1998, respectively passed in Sessions Trial No. 31 of 1997/3 of 1997 by Shri Prabodh Ranjan Dash, 3rd Additional Sessions Judge, Deoghar whereby and where -under the appellants aforesaid were found guilty for the offence punishable under Section 412 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for seven years each and further to pay a fine of Rs. 1000/ - each and in default thereof to undergo rigorous imprisonment for two months. However, they are not found guilty for the offence under Section 395 of the Indian Penal Code and they were accordingly acquitted. Co -accused Sanjay Kumar Mandal was also found guilty for the offence punishable under Section 411 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/ - and in default thereof to undergo rigorous imprisonment for two months, but he was also not fond guilty for the offence under Section 395 of the Indian Penal Code. He has not preferred any appeal against his conviction.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of PW 8 Professor Priti Prasad, the informant recorded by Arun Kumar Rai O/C Town Police Station, Deoghar on. 1.8.1996, at 21.00 hours at her residence situate in Mohalla -Bilashi Town, Deoghar regarding the occurrence which is said to have taken place on that very day at 19.45 hours regarding the dacoity committed in her house and a case was instituted in respect thereof under Section 395 of the Indian Penal Code against unknown dacoits by drawing of a formal first information report on that very day at 20.30 hours and the said fardbeyan and the formal first information report were received on 3.8.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that the informant was teaching her children at 19.45 hours on 1.8.1996, in the southern room of her house and the door of that room was open and her servant Bulloo (since dead and not examined in this case) was sleeping on the roof and her maidservant Mini (not examined in this case) was cooking in the kitchen at that time. It is alleged that two dacoits armed with pistol and dagger respectively entered in her room and one dacoit pointed the said pistol at her and directed her to hand over all her ornaments to him which she was wearing and the other dacoit who was armed with dagger snatched her gold chain from her neck and asked her to hand over wrist watch to him and she handed over her Titan Quartz wrist watch to the said dacoit and thereafter both the dacoits asked her to deliver them the key of the almirah and also enquired as to where are the valuables and telephone and she out of fear told them that the key of the almirah is in her bedroom and telephone is also there and they brought her to her bedroom at the point of pistol and one of the dacoit disconnected the telephone wire and broke the cordless telephone and the other dacoit who was armed with dagger took the V.C.P. of Funai Company and its remote control from the bed. The prosecution case further is that she opened the almirah at the instance of the dacoits and the dacoits scattered all the articles of the almirah and picked up several ornaments of gold and silver fully detailed in the fardbeyan, besides currency notes of different denominations totalling is Rs. 38,150/ - and several other articles. The prosecution case further is that in the meantime two other dacoits came there and they brought her children and the maid -servant and they also took her sky coloured attachee from the southern room of her house containing clothes etc. and one other dacoit also picked up National Panasonic Tape Recorder from the rack in her bedroom, besides Photo -Camera, two rechargeable torches, one spectacle and one crystal knife. It is further alleged that one of the dacoits also removed her two rings from her fingers and the other dacoits also removed quartz wristwatch from the hand of her daughter and one Timex quartz wristwatch from the hand of her son. It is also alleged that thereafter the dacoits tied their hands with gamcha and handkerchief and confined them in the bathroom and bolted the door of the said bathroom from outside. It is also alleged that she does not know as to where the dacoits had fled away and thereafter she opened the back door of her bathroom anyhow and after jumping over the wall of her house she narrated the incident to her neighbours. There is averment in the fardbeyan regarding the physical feature and dress of the dacoits and she claimed to have identified them in the light of the electricity and she can identify the dacoits and her articles taken away by them.
(3.) ON getting information regarding the commission of the dacoity in the house of the informant on telephone by an anonymous person, the O/C Deoghar directed the police officials of all the check posts and outposts around the town of Deoghar to check the vehicles crossing their respective check posts and outposts and also informed them about the dacoity in question and in pursuance to that direction a trekker bearing Registration No. BHJ 2833 was checked at Ghatghar Police Check Post on Deoghar Sharwan Road at 22.00 hours on that day and some of the incriminating articles being the subject matter of dacoity of this case were recovered from the possession of the appellants besides loaded country -made pistols and seizure lists (Ext. 2 series) were prepared and thereafter some other incriminating articles being the subject matter of this dacoity were also recovered from the bush, south of Deoghar Bus Stand in pursuance to the confessional statement of co -accused Sanjay Kumar Mandal and the seizure list in respect thereof was also prepared which is Ext. 6 in this case. The aforesaid incriminating articles were put on test identification parade conducted by PW 10 Ashok Kumar Singh, the Block Development Officer, Sharwan on 8.8.1996, which were identified by the informant, her son and daughter.;