AMARESHWAR SAHAY, J. - (1.) The sole appellant has preferred this appeal against the judgment dated 14th July 2000 passed by the 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 475 of 1996/ 69 of 1996, whereby and whereunder the learned Additional Sessions Judge, Dhanbad convicted the appellant for committing the offence under Section 396 of the Indian Penal Code and sentenced him to undergo R.I. for life.
(2.) The appellant was charged for committing the dacoity in Police Camp and in commission of such dacoity, committed the murder of Constable Tejpal Oraon on 21st January 1995 at police camp situated at Gaya Pool within Katras (Rajganj) Police Station in the District of Dhanbad.
(3.) In short the prosecution case is that for controlling the crime a Police Camp was established at Gaya Pool. On 21-1-1995 at about 5.15 p.m. when the informant Birendra Prasad Yadav was on sentry duty there, Constable Tejpal Oraon was present inside the camp. Hawaldar Ram Naresh Sharma had gone to answer the call of nature. Constable August Dubey had gone to police line to bring his substitute, as he was to proceed on leave. At that time suddenly 80-85 miscreants variously armed with firearms attacked on that police camp. 7-8 miscreants, who were passing through the road and were in villagers dress, suddenly reached the police camp and began to assault the informant with 'Danda' and snatched his Rifle. 8-10 miscreants came running from the side of railway line and entered into the police camp and then, before the constable Tejpal Oraon, who was inside the camp could understand, they took possession of four Rifles, which were kept there. When constable Tejpal Oraon intervened and caught hold of his own Rifle then they assaulted him with 'Danda' . Tejpal Oraon caught hold of one of the miscreants but the miscreants brutally assaulted Tejpal Oraon by means of butt of the Rifles and 'Danda'. In the meantime there was a sound of whistle, then all the miscreants left the place of occurrence with the Rifles, Attachees, some leather bags and cash amounting to Rs. 10,000/- apart from the other articles. In the meantime Constable Jagay Bandra, Hawaldar Ram Naresh Sharma and A.S.I. Nawal Kishore Singh reached there and saw the miscreants fleeing away from there. The informant Birendra Prasad Yadav and Constable Tejpal Oraon were taken to the Central Hospital, Tilatand in a Trecker. Since the condition of Tejpal Oraon became precarious, he was referred to Dhanbad Hospital where he subsequently succumbed to the injuries.;