IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.267 of 2014 Arising Out of PS. Case No.-114 Year-2004 Thana- AMARPUR District- Banka ======================================================

Ramswaroop Harijan, Son of Mangal Harijan, Resident of Village - Masarpur (Logain), Police Station- Amarpur, District- Banka ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Md. Najmul Hodda, Adv.

Ms. Ayushi Choudhary, Adv.

Mr. Saurabh Kumar Singh, Adv.

For the Respondent/s : Mr. Bipin Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

Date : 11-02-2026 The instant appeal has been preferred by the appellant against the judgment of conviction dated 15.05.2014 and the order of sentence dated 24.05.2014 passed by the Court of the learned Additional Sessions Judge-I, Banka, in Sessions Trial No. 1293 of 2005/166 of 2014 (arising out of Amarpur P.S. Case No. 114 of 2004), whereby and whereunder the appellant has been convicted for the offence punishable under Section 395 of the Indian Penal Code (in short, “IPC”). The appellant has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 5,000/- (Rupees Five Thousand) for the offence punishable under Section 395 of the IPC. In default of payment of fine, he has been directed to undergo rigorous imprisonment for six months additionally.

Prosecution Story:

2. The substance of the prosecution story, as appearing from the FIR, is as follows:

As per the informant, on 22.09.2004, he, his wife, and his 5-year-old grandson, namely Shubham, were asleep on a chowki in the courtyard of his house. At about 12:45 A.M., five miscreants entered into the courtyard flashing torches. When the torchlight flashed upon him, he awoke and saw five miscreants standing near his bed. One of the miscreants asked him about the key of the almirah. He then awoke his wife and asked her to run, saying that dacoits had come. As per the informant, when he stated to the dacoits that he did not have the key of the almirah, all the miscreants/dacoits entangled with him. In that course, he caught hold of two miscreants by their necks and identified them in the light of the lantern as Bablu Mandal and Mithhu Mandal. He also identified the three other miscreants standing nearby the chowki in the light of the lantern as Nawal Mandal, Shridhar Mandal, and Ramswaroop Harijan (appellant).

2.1. As per the informant, the two miscreants who had been caught by him tried to free themselves from his clutches. Then one of the miscreants, namely Nawal Mandal, fired at him using a country-made pistol, and the shot hit his left shoulder. Due to the firearm injury, he freed both the miscreants who were in his grip. Thereafter, all the miscreants fled away through the southern exit of his house and, at the time of fleeing, again fired a shot.

2.2. As per the informant, when the miscreants were fleeing, his wife identified some other miscreants who were also present with the above-named miscreants as Bineshwar Mandal, Bipin Mandal, Ajay Mandal, Prakash Mandal, and Mannu Mandal, all residents of village Mansurpur, falling under Amarpur Police Station, District Banka. Upon hearing the hulla, villagers gathered, and his wife informed them about the identity of the miscreants as well.

2.3. According to the informant, one Shosiya Devi, wife of one Subhash Mandal, a resident of village Mansurpur, used to visit his house. A few days before the occurrence, i.e., on 20.09.2004, she had come to his house and saw him keeping rupees in the almirah. As per the informant, the miscreants used to assemble at the house of Shosiya Devi to take meals. The informant suspected that the said Shosiya Devi had called the miscreants and sent them to his house to commit the alleged occurrence.

3. The informant recorded his fardbeyan on

22.09.2004 at 2:30 hours at Ama