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2001 Supreme(Pat) 784

B.N.P.SINGH
Jakir Mian @ Jakir Ahmad – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.N.P.Singh, J.

1. All these three appeals arise of the judgment and order dated 28/9/2000 passed by Additional District & Sessions Judge VI, Aurangabad in S.T. No. 320 of 1999, and hence they have been heard together and are being disposed of by this common judgement.

2. Successive dacoities were committed in the house of Musafir Yadav (P.W. 3) and Tulsi Yadav (P.W. 8) in the intervening nights of 20th/21st November, 1998, in the early hours when miscreants, having scaled over the wall of the house, jumped in the courtyard, coerced the house inmates, secured keys of the boxes from them and removed their belongings which included wearing apparels, ornaments and cash. However, in the scuffle that followed between Birendera Yadav (P.W. 2) and the miscreants, the former with the assistance of the family members, namely, Kanti Devi, Kalawati Devi and Sushila Devi apprehended one of them who disclosed his name to be Jakir Ahmad and eventually disclosed complicty of Jitan Paswan, Mahendra Thakur, Munna Yadav, Kapil Bhagat and Rajaram Singh. The miscreants while retreating from the houses, also took recourse to firing and hence, no one dared to chase them. It was alleged that whil








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