Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.237 of 2000 =========================================================== 1. Khakhan Sahni, son of Late Aklu Sahni. 2. Jogi Sahni, son of Late Aklu Sahni. 3. Maheshwar Sahni, son of Late Ram Khelawan Sahni. 4. Nemo Sahni, son of Late Sheetal Sahni. 5. Jageshwar Sahni, son of Late Lakhan Sahni. All residents of village Shambhupatti, P.S. Samastipur Mufassil, District Samastipur. .... .... Appellants Versus The State of Bihar .... .... Respondent with Criminal Appeal (SJ) No. 245 of 2000 =========================================================== 1. Bhagwan Sahni, son of Late Hari Lal Sahni. 2. Bishundeo Sahni, son of late Rameshwar Sahni. 3. Bauku Sahni, son of Late Shiv Nr. Sahni. All residents of village Belasemari, P.S. & District Khagaria. .... .... Appellants Versus The State of Bihar .... .... Respondents with Criminal Appeal (SJ) No. 246 of 2000 =========================================================== Md. Sabiruddin, son of Jahir. Resident of village Jitwarpur, P.S. & District Samastipur. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (SJ) No. 237 of 2000) For the Appellants : Mr. Jitendra Narain Sinha, Advocate Mr. K.N. Kumar, Advocate Mr. Namita Kumar, Advocate (In CR. APP (SJ) No. 245 of 2000 & 246 of 2000) For the Appellants : Mr. Abdul Mannan Khan, Advocate Mr. Md. Najmul Hoda, Advocate Mr. Binay Kumar, Advocate Mr. Md. Rahmatullah, Advocate For State in all cases : Ms. Abha Singh, A.P.P. =========================================================== AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 30.6.2000 AND 3.7. 2000 RESPECTIVELY, PASSED IN SESSIONS TRIAL NO. 72 OF 1979, BY THE 5TH ADDITIONAL SESSIONS JUDGE, SAMASTIPUR. =========================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL JUDGMENT Date: 26-07-2012 Patna High Court CR. APP (SJ) No.237 of 2000 dt.26-07-2012 2 / 13 2 S.A. Khan, J. These three appeals are directed against the judgment of conviction dated 30.6.2000 and order of sentence dated 3.7.2000, passed by the 5th Additional Sessions Judge, Samastipur dated 30.6.2000 in Sessions Trial No. 72 of 1979 convicting the 9 appellants before this Court under [STATUTE] to undergo R.I. for 7 years. 2. The prosecution case instituted by Parmeshwar Singh is that at about 12:30 A.M. on 5.9.1974 the informant heard a sound and saw that somebody was breaking open the main door of his house. The miscreants entered his house and began to commit acts of „Loot‟. The informant was to able to identify his co-villagers namely Mahendra Chaudhary, Kailash Chauudhary, Nemo Chauudhary, Jageshwar Chaudhary, Lakhan Sahni and Jailal Sahni. The dacoits were chased by the villagers and some of the family members. On chase Babanjan Sahni, Sato Paswan and Nandlal Tanti were caught who disclosed the names of several witnesses in this occurrence. During the occurrence two of the dacoits were killed. Some of the persons chasing the dacoits i.e. P.Ws. 3, 11, 13, 50 and 68 were injured by the dacoits. It is alleged that Saryug Singh was able to catch Nemo, Jageshwar and Jogi Sahni. Somnath Singh another witness caught Sheetal Sahni, Mahendra Sahni and Ram Patna High Court CR. APP (SJ) No.237 of 2000 dt.26-07-2012 3 / 13 3 Khelawan Sahni on chase. The persons who were caught during the occurrence disclosed that the entire occurrence was organized by Bhola Thakur Advocate and Mahendra Sahni. It is alleged that Bhola Thakur had arranged for the dacoits, through his clerk Ram Sharan Singh. The persons who were named by the dacoits and who were caught are Babusan Sahni, Sital Sahni, Maheshwar Sahni, Mahendra Sahni, Saliuddin, Kailash Sahni, Bino Sahni, Ram Khelawan Yadava, Ram Sharan Prasad Singh, Ram Singhasan Singh, Mahendra Mahto, Bhagwan Sahni, Sagar Manjhi, Bauku Sahni, Jagan Sahni, Nand Lal Sharma, Mustafa Mian, Prabhu Paswan, Gango Paswan, Bhola Tanti, Khonma Dusadh, Sagar Yadava, Bishundeo Pathak, Lalo Pathak, Bishundeo Sahni and Panchu Paswan. Some other dacoits were also caught and they disclosed their names as Sabiruddin (appellant of Cr. Appeal No. 246/2000), Bino Sahni, Maheshwar Sahni, Ram Khelawan Yadava, Mahendra Sahni and Jogi Sahni. 3. Altogether 71 witnesses have been examined in this case. Out of 71 witnesses P.Ws. 3, 4, 6, 8, 10, 15 to 18, 21, 23 to 30, 32 to 34, 38, 48 to 58, 61 to 66, 69 and 70 are formal witnesses who have proved the injury reports, the post mortem reports, seizure list, signature on the Fardbeyan, formal First Information Report and the like. Several witnesses were declared tendered by the prosecution Patna High Court CR. APP (SJ) No.237 of 2000 dt.26-07-2012 4 / 13 4 and they are P.Ws. 20, 22, 35, 37, 39, 46, 59 and 60. The witnesses to the occurrence and with respect to the identification are P.Ws. 1, 3, 5, 7, 9, 11, 12, 13, 14, 19, 33, 36, 41, 42, 67 and 68. The family members of the informant are P.Ws. 19 and 67. 4. This Court will now discuss the evidence of the witnesses aforesaid. P.W. 1 has identified the appellants Maheshwar Sahni, Nemo Sahni and Jageshwar Sahni. P.W. 3 has identified only Jageshwar Sahni. P.W. 5 is Chandrika Singh who was injured during the occurrence and instrumental in catching hold of two dacoits namely Sato Paswan and one other who disclosed the name of Mahendra Sahni, Jogi Sahni (appellant), Shital Sahni, Nemo Sahni (appellant) and Kailash Sahni. P.W. 7 Krishna Chandra Singh has stated that the dacoits that were caught were Babujan Sahni, Nand Lal Tanti and Sato Paswan, who have disclosed the name of other dacoits namely Nemo Sahni, Jageshwar Sahni, Khakhan Sahni (appellants before this Court). P.W. 9 on the other hand supports the occurrence and says that two persons were caught and brought to the place of occurrence. He also states that Bhushan Singh and Krishna Chandra Singh

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.