- (1.) Cr. Appeal No. 78 of 1992 is by the appellant, Shanti Mai, from the Jail and Cr. Appeal No. 95 of 1992 is by the same appellant through a counsel and both of them are being disposed of by this common judgment.
(2.) The appellant, Shanti Mai, was charged under Section 396 of the Indian Penal Code but the tried Judge, on the evidence adduced, found him guilty under Section 395 of the Indian Penal Code, for which he was sentenced to imprisonment for life. The appeals are against the said order of conviction and sentence.
(3.) The facts necessary to dispose of the appeals are as follows : On the night of 14/15.6.1987 in the house of Kartik Bouri, the inmates were sleeping. At that time, PW 1 Kartik Bouri, heard some sound. He wanted to find out as to what is happening and came out. He saw a person taking away four pieces of sarees and other clothes and one of accused is the group was seen taking away a small box containing cash, gold chain and other ornaments. Naharlal Bouri, one of the inmates, on waking up apprehended one of the dacoits, who were having lathi, gun and cartridge. Gadadhar Bouri, the father of PW 1, Kartik Bouri, apprehended Mangal Bouri (he died, pending trial) and Mangal Bouri shot at Gadadhar Bouri with a gun, which he had in his hand. Gadadhar' Bouri fell down. Shivnath Bouri, PW 2, and other villagers managed to apprehend some of the dacoits and one of the dacoits exploded bomb. The dacoits thereafter ran away from the place. Dhananjay Bouri, PW 4 informed the others that it was the appellant, who exploded the bomb. Fardbayan, Ext. 2, was given by PW 2 at Kundahit (Bagdehari) police station, upon which a crime was registered and investigation was taken up. After the completion of the investigation, final report was filed against the present appellant.;