ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA)

Date: 17-01-2018

1. Heard, Miss. Monika, learned Amicus Curiae for the appellant as well as Mr. Shiwesh Chandra Mishra, learned Additional Public Prosecutor for the State.

2. The sole appellant faced trial along with accused, Sukhu Sao @ Om Prakash Sao, Ramji Mahto, Shyam Gope and Yogendra Gope, in Sessions Trial No. 44 of 1992/ 3 of 1992 before the 6^th Additional Sessions Judge, Nalanda at Biharsharif. During pendency of the trial, accused, Shyam Gope and Yogendra Gope were declared absconder vide order dated 09.02.1993 and, accordingly, their trial was separated. Further, the appellant and accused, Sukhu Sao @ Om Prakash Sao and Ramji Mahto were convicted for the offence punishable under Section 396 of the Indian Penal Code, but on the day of pronouncement of Judgment of conviction, co-convicted Sukhu Sao @ Om Prakash Sao was absconded. As a result whereof, permanent warrant of arrest was issued against him and his case was separated. The appellant and Ramji Mahto were sentenced to undergo rigorous imprisonment for life for the offence under section 396 of the Indian Penal Code. As we have already stated that the appellant and Ramjee Mahto were convicted under Section 396 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life through the Judgment of conviction and sentence order dated 07.06.1993 and 09.06.1993, respectively, passed in Sessions Trial No. 44 of 1992/ 3 of 1992, but only the present appeal has been filed on behalf of the appellant, Bansi Beldar @ Bansi Jamadar against the impugned Judgment of conviction and sentence order.

3. P.W.9, Arun Kumar Singh @ Munna Ji, gave Fradbeyan (Ext.3) to Babu Ram Murmu (P.W.10), Sub-Inspector of Noorsarai Police Station, on 12.11.1990, at about 7.30 P.M., at his house to this effect that on the same day, at about 6 P.M., 10-12 Dacoits having armed with pistol and cartridges entered into his Baramdah and having put to his elder brother, Deban Babu in fear by pointing pistol and asked about the belonging of the house. He further stated that his daughter-in-law, namely, Anita (P.W.8), his nephew, namely, Deepak (P.W.7) and other girls of his family were standing there. The Dacoits assaulted Deepak (P.W.7) causing injury at his head and also snatched a Baby from the lap of his daughter-in-law. The Dacoits also snatched the gold chain and ear ring rings from Anita Devi and also picked up H.M.T. wrist watch from the table. The Dacoits shot fire on his elder brother, Deban Babu, when he made protest. He further stated that he as well as his another brother, namely, Prem Kumar Singh @ Pandit Babu (P.W.1) faced the Dacoits by opening fire from their rifle and gun. One of the Dacoits sustained firearm injury in the courtyard of the house of the informant. The informant further stated that he went on the roof of his hose and made four round firing on the Dacoits. The Dacoits also retaliated and made firing upon the informant. However, on the firing of Prem Kumar Singh (P.W.1), one Dacoit fell down near the Khalihan. Several villagers assembled having heard the sound of noise. The injured Dacoit was caught and disclosed his name as Rabindra Kahar, son of Biru Kahar, Resident of Village- Kachahariya, P.S. Chandi and also disclosed the name of his associates as Karu Das of village- Jagdishpur, Jagdish Singh of village- Gopalpur, Karu Paswan, Siya Paswan, sons of Monu Paswan, resident of village- Kachahariya and died then and there. One looted Briefcase was recovered from possession of the aforesaid Dacoit in presence of villagers. The Dacoits were in 15-17 in numbers. The informant further claimed that he as well as his brother, Prem Kumar Singh (P.W.1) had identified one Dacoit, namely, Bansi Beldar of Beldariya village, who had only one hand. He as well as villagers chased the Dacoits, who were fleeing towards eastern side and when he returned, he came to know that his neighbour, namely, Munshi Sao