ANIRUDH THAKUR AND OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All these three criminal appeals arise out of the same judgment. For the convenience of the parties and with their consent they have been heard together and are being disposed of by this common judgment. On 13.8.1978 at about 1.30 P.M. the informant, Ram Chandra Sah was sitting at his darwaza along with his father (P.W. 18) in village Pakaria P.S. Sonbersa, District Sitamarhi. In front of his darwaza labourers were thrashing Marua Crop in the Sahan. At that very time, all of a sudden about 20 to 21 dacoits came from different directions, out of them Kailash Mahto (not appellant) was armed with gun. Kailash Mahto caught hold of the father of the informant (P.W. 18). Other dacoits caught hold of the informant. Kailash Mahto, who is still absconding, stated "Biltu Sah Kal Tumse Panchso Rupia Manga Tha Nahi Dia Aaj Tumhara Bap Dacoit Ko Bula Lia Hai. He demanded keys at the point of death. Some of the dacoits started assaulting his father (P.W. 18). P.W. 19 was also assaulted. Appellant Gudari Sah is alleged to have given two lathi blows to the informant. Some of the dacoits entered into the female apartments and some of them remained at Darwaza. They (dacoits) also fired gun. The informant and his father were locked up in a room. For about two hours, the dacoits ransacked the entire house and looted the properties. Villagers came on hulla. One of the criminals namely , Nageshwar (not the appellants) went on the roof of the house of the informant and took away his gun. On arrival of the villagers, dacoits took to their heels towards west with looted properties. The villagers chased the dacoits. The informant and his father were also unlocked and they too participated in the chase. While the chase was going on, there were, encounters due to which one villager of the informant, namely, Rajdeo Rai, who was also chasing the dacoits received gun shot injury and died. The dacoits thereafter fled away in different directions. Seven of the dacoits were killed in subsequent encounter in village Ghurghura. Three of the dacoits were also killed near village marhia. One of the dacoits, namely, appellant Surendra Singh was apprehended in a field near village Hanuman Nagar and was brought to the house of P.W. 13 who was the Mukhiya of village Pakaria where the dacoity had been committed. Dead bodies of dacoits, who were killed near Ghurghura village, were brought to the house of the informant. Three of the dacoits , who were killed near Marhia, were taken to the Police Station. It is also said that the looted gun of the informant was also snatched away from the dacoits and was handed over to the police. When appellant Surendra Singh was brought to [he house of Mukhiya, he confessed his guilt, gave a statement which was recorded by P.W. 13 which is Ext. 5.

(2.) P.W. 12 Ram Swarth Yadav was the then officer in charge of Sonbarsa Police station. On 13.8.1978 while he was returning from Block office of the police station, he heard a rumour in the Bazar that in village Pakaria, there had been firing and some serious occurrence had taken place. He entered the facts in the station diary entry being Entry No. 216 dated 13.8.1973 and he himself left for village Pakaria along with other police officers and constables. He reached Pakaria at about 8.30 P.M. in the night and found seven dead bodies lying in Sahan of the house of the informant and one 'dead body was lying on the verandah. He recorded the statement of P.W. 19 Ram Chandra Sah, which is Ext. 6 and it was sent to the police station for instituting a case. He took up the investigation and held inquest report. At about 10 P.M. P.W. 13 handed over Ext. 5 to P.W. 21. Subsequently , appellant Surendra Singh and Ext. 5 was forwarded to the court on the 15th of August 1978. After completing investigation, charge sheet was submitted against appellants and one Bharat Singh.

(3.) In the trying court 22 witnesses were examined on behalf of the prosecution. Appellants denied the allegations and pleaded that they had been implicated in the case due to previous enmity. Five witnesses were examined on their behalf to prove their innocence. After considering the entire evidence, the learned court below convicted these appellants under Sec. 396 of the Indian Penal Code (hereinafter referred to as the Penal Code) and sentenced them to undergo rigorous imprisonment for life but acquitted accused Bharat Singh.