Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA ***** Criminal Appeal (DB) No.243 of 1989 With Criminal Appeal (DB) No.244 of 1989 With Criminal Appeal (DB) No.246 of 1989 With Criminal Appeal (DB) No.247 of 1989 ***** Against the judgment of conviction and order of sentence dated 10th of April, 1989 passed by Shri Jagannath Prasad Verma, the learned Sessions Judge, Sitamarhi in Sessions Trial No. 77 of 1987. =========================================================== 1. Fakhruddin Ansari @ Faturi, Son of Nabijan Ansari, Resident of Village- Gularia, Police Station-Riga, District-Sitamarhi. 2. Mohammad Israil Mian, Son of Salim Mian, Resident of Village-Bakhri, Police Station-Sitamarhi, District-Sitamarhi. (in Criminal Appeal (DB) No. 243 of 1989) Bishwanath Yadav, Son of Ramdeo Yadav, Resident of Village-Chotahi, Police Station-Righa, District-Sitamarhi. (in Criminal Appeal (DB) No. 244 of 1989) Md. Quamrul Haque, Son of Late Md. Ishaque, Resident of Village- Daryapur, Police Station-Belsand, District-Sitamarhi. (in Criminal Appeal (DB) No. 246 of 1989) Nand Kishore Rai, Son of Birju Rai, Resident of Village-Chotahi, Police Station-Riga, District-Sitamarhi. (in Criminal Appeal (DB) No. 247 of 1989) .... .... Appellants. Versus The State of Bihar .... .... Respondent. =========================================================== Appearance: For the Appellants : Mr. Udai Shankar Singh, Advocate. (in Criminal Appeal (DB) Nos. 243 & 247 of 1989) : Mr. Vindhkeshri Kumar Singh, Sr. Advocate. (in Criminal Appeal (DB) Nos. 244 & 246 of 1989 with 233 of 1989) For the Respondent : Ms. Shashi Bala Verma (in all the above appeals). =========================================================== ***** CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 24-02-2012 ***** Criminal Appeal 243 of 1989 (DB) Patna High Court CR. APP (DB) No.243 of 1989 dt.24-02-2012 2 on behalf of Fakhruddin Ansari @ Faturi & Mohammad Israil Mian, Criminal Appeal 244 of 1989 (DB) on behalf of Bishwanath Yadav, Criminal Appeal 246 of 1989 (DB) on behalf of Md. Quamrul Haque and Criminal Appeal 247 of 1989 (DB) on behalf of Nand Kishore Rai have taken up together as all these appeals have arisen out of one judgment and order of sentence dated 10th of April, 1989 passed by the Sessions Judge, Sitamarhi in Sessions Trial No. 77 of 1987, G.R. Case No. 1212/1986 arising out of Riga P.S. Case No. 104/1986 whereby all the appellants were found guilty under [STATUTE] and sentenced to undergo rigorous imprisonment for life. 2. Fardbeyan (Ext.4) of P.W.9 recorded by P.W.10 Dhrubendra Nath Sinha, the Sub-Inspector on 14.11.1986 at 4.00 a.m. in Village Bhorha is basis of the prosecution case. It has been alleged that on 13.11.1987 at 11.45 p.m. while P.W.9 Jai Narain Mahto was sleeping at his Patna High Court CR. APP (DB) No.243 of 1989 dt.24-02-2012 3 Varandah then 15-20 dacoits came, removed his quilt, abused him and threatened him to remain quite. Some of the miscreants entered inside the house of the informant and some of them remained near the informant. Brother of the informant Dev Narayan Mahto P.W.4 was sleeping with his wife in the eastern room, the dacoits began to open that door and one of the dacoits fired from the hole of the door resulting into death of Sampatia Devi wife of Dev Narayan Mahto. The dacoits also entered into the room of the informant’s wife and looted articles of the inmates. 3-4 dacoits came out and took the informant inside the house and assaulted him with broken bamboo (Fatta). The villagers reached on alarm and chased the dacoits. One of the dacoits fired upon the mob which resulted into death of a boy Bishnath Mahto. The dacoits after loot of clothes, ornaments etc. fled away towards south. Almost all the dacoits were covering their faces. Only their eyes and Patna High Court CR. APP (DB) No.243 of 1989 dt.24-02-2012 4 foreheads were uncovered. The informant and his family members saw the dacoits in the light of torch flashed by them and on that basis the implication was claimed. 3. The fardbeyan was signed (Ext.3) by the informant, formal First Information Report (Ext.5) of Righa P.S. Case No. 104 of 1986 under [STATUTE] was registered against unknown. Inquest of Sampatia Devi (Ext.6) and Bishnath Mahto (Ext.6/1) was prepared. The post-mortem reports of Sampatia Devi (Ext.2) and Bishnath Mahto (Ext.2/1) were obtained. In course of investigation, the accused persons were put on Test Identification Parade on three dates and three Test Identification Parade charts vide Ext.1 to Ext. 1/2 were prepared. Appellant Fakhruddin Ansari @ Faturi was identified by P.W.7 Nirmala Kumari daughter of the informant. Appellant Mohammad Israil Mian was identified by P.W.4 Dev Narayan Mahto brother of the informant. Appellant Patna High Court CR. APP (DB) No.243 of 1989 dt.24-02-2012 5 Bishwanath Yadav was identified by P.W.5 Nirmala Devi, P.W.8 Upendra Mahto and P.W.9 Jai Narayan Mahto. Appellant Md. Quamrul Haque was identified by P.W.5 Nirmala Devi and P.W.9 Jai Narayan Mahto whereas appellant Nand Kishore Rai was identified by P.W.8 Upendra Mahto and P.W.9 Jai Narayan Mahto. The first Test Identification Parade chart was made on 03.12.1986, the second was made on 06.12.1986 and third was made on 16.12.1986. Though the houses of the accused persons were searched but no incriminating article has been recovered. 4. The allegations of the fardbeyan were investigated into and after investigation charge-sheet was submitted against the accused persons. All the accused persons pleaded their innocence so the trial proceeded. 5. In order to substantiate its case the prosecution has examined ten witnesses to prove the charge leveled against the accused persons. P.W.1 Patna High Court CR. APP (DB) No.243 of 1989 dt.24-02-2012 6 Afzallur Rahman, P.W.2 Ashwani Kumar Srivastava

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.