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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ratnaker Bhengra, Ambuj Nath
Wakil Mahatha – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
JUDGMENT :
Ambuj Nath, J.
Appellants- Wakil Mahatha, Ramesh Mahatha and Lelha Mahatha have filed this criminal appeal against the judgment of conviction and order of sentence dated 28.07.1995, passed by Shri Alakh Kumar Dubey, learned Additional Sessions Judge-I, Deoghar in Sessions Case No. 12 / 1992 arising out of Deoghar Town P.S. Case No. 53 of 1988 corresponding to G.R. No. 158 of 1988, holding the appellants guilty of the offence under sections 396 of the INDIAN PENAL CODE and thereby sentencing them to undergo imprisonment for life without any fine stipulation.
During the pendency of this appeal, appellant no. 2-Bhagwat Mahatha and the appellant no. 4-Sita Ram Mahatha died. Therefore, this appeal stood abated as against the appellant no. 2 and appellant no. 4.
2. Prosecution case was instituted on the basis of the fardbeyan of the Informant Banku Mahatha, alleging therein that on the intervening night of 22/23.02.1988 when he was sleeping in his house, his elder son Belar Mahatha came to him and informed that thieves have entered into the house. He along with his uncle Sambhu Mahatha went inside the house and saw that six persons had entered there. On seeing the Informant, one
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