CAV JUDGMENT

Date: 23-01-2018

Appellant, Sheo Ratan Paswan has been found guilty for an offence punishable under Section 395 IPC and sentence to undergo R.I. for ten years as well as fined rupees twenty thousand and in default thereof, to undergo S.I. for two years, additionally by the Additional Sessions Judge, IX^th, Gaya in Sessions Trial No.217/2014 vide judgment of conviction dated 24.02.2015 and order of sentence dated 27.02.2015.

2. On 22.06.1988 at about 05:30 AM Mauzi Sao (not examined) gave his fardbeyan to the effect that while he along with his family member were sleeping over roof in the preceding night, they awoke on an alarm of female members of his family dacoit- dacoit whereupon they have seen presence of 5-6 dacoits in the courtyard. 3-4 dacoits were outside courtyard from roof of the house. He also began to raise alarm dacoit-dacoit as well as began to pelt brick particles from the roof of the house whereupon dacoits hurled bomb which caused explosion. During midst thereof, police arrived even then, the dacoits continued with hurling of bombs. In order to protect themselves, police party fired as a result of which, dacoits began to flee who were chased but, after cro