Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.669 of 2006 [Against the judgment of conviction dated 27. 6.2006 and order of sentence dated 28.06.2006 passed by Sri Manoj Kumar Verma, learned Additional Sessions Judge, Fast Track Court No. 1, Purnea in Sessions Trial No. 144 of 2004/ T. R. No. 12 of 2004.] =========================================================== Md.Guljar, son of Md. Muslim resident of village- Sahsol, Police Station- Barhara, District- Purnea. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Vikram Deo Singh, Adv. Mr. Dharmendra Kumar Singh, Adv. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 28-08-2012 The sole appellant has been convicted and sentenced to rigorous imprisonment for life under [STATUTE] vide judgment of conviction and order of sentence dated 27.6.2006 and 28.6.2006 respectively passed by the learned Additional Sessions Judge, FTC-1, Purnea in Sessions Trial No. 144 of 2004, T. R. No. 12 of 2004 arising out of Dhamdaha P. S. Case No. 26 of 2003 corresponding to G. R. No. 300 of 2003. 2. The prosecution case, in brief, is that in the night of 20.2.2003 the informant Md. Sakib (P.W. 6) was sleeping with Patna High Court CR. APP (DB) No.669 of 2006 dt.28-08-2012 2 the members of his family. In the meantime, at about 11 P.M. there was sound of firing. He came out from his room to Varanda and saw that his father-in-law Md. Mojib (deceased) who were sleeping on Varanda was hit by fire shot and he ran away towards brinjal field. On arrival of the informant on varanda Md. Gulzar (appellant), Md. Obej, Md. Salauddin , Md. Wakil, Md. Kuchhus, Md. Moin, Md. Mangal and 4-5 others surrounded him and entered into his room. They took Rs.16,000/- from his box and also took away another box containing cloth. Nosepin of his wife Momina Khatoon (P.W. 3) was also taken away by them. It is further alleged that the aforesaid criminals threatened the members of the family not to raise alarm, failing which they would be killed. After committing the offence, all of them escaped towards south-western side of the house. Thereafter, informant raised alarm. Co-villagers gathered and they came to brinjal field and saw that his father-in-law Md. Mojib had fire shot injury in his back and was lying there. He was taken to Referable Hospital Dhamdaha where the doctor declared him dead. It has been claimed that informant and members of family of deceased were able to identify the criminals as well as their looted articles. Fard beyan (Ext. 1) of the informant was recorded by S. I. R. K. Dubey (P.W. 8), Officer-in-charge of Dhamdaha Patna High Court CR. APP (DB) No.669 of 2006 dt.28-08-2012 3 police station on 21.2.2003 at 1.30 hours at Dhokwafool Tola. The fard beyan was witnessed by Tazmul (P.W. 5) and Md. Naim Akhtar (not examined). 3. On the basis of the fardbeyan Dhamdaha P. S. Case No. 26 of 2003 was registered under [STATUTE] against seven accused persons. After investigation charge-sheet was submitted against the appellant under [STATUTE] . Cognizance was taken and the case was committed to the court of session. Charges were framed against the sole accused for the offence punishable under [STATUTE] to which he denied and claimed to be tried. So, the trial proceeded against the appellant and after trial he has been convicted and sentenced by the impugned judgment. 4. The defence of the appellant is complete denial of the occurrence and his innocence. 5. The learned counsel for the appellant has submitted that the prosecution has not examined any independent witness. There is material contradiction in the statement of witnesses. The evidence of P. W. 2 is not fit to be believed. All the prosecution witnesses are interested. It has further been submitted that in course of trial it has come to light that the appellant is the bhagina of the deceased. The deceased wanted to marry the Patna High Court CR. APP (DB) No.669 of 2006 dt.28-08-2012 4 appellant in his family which was refused by him. Therefore, there was bad blood between them. There was no means of identification. The factum of dacoity has not been proved. 6. The learned counsel for the State has submitted that after considering the prosecution evidence learned trial court has found and held the appellant guilty and has, accordingly, sentenced him and there is no necessity to interfere with the impugned judgment of conviction and sentence of the appellant. 7. After hearing learned counsel for both the parties and on perusal of the record it appears that the prosecution has examined the following witnesses to prove its charge against the appellant:- P. W. 1 Manoj Kumar, P. W. 2 Shamshun Khatoon, P. W. 3 Momina Khatoon @ Mobia Khatoon, P. W. 4 Sameena Khatoon, P. W. 5 Sk. Tazmul, P. W. 6 Md. Sakib, P. W. 7 Md. Nazir, P. W. 8 Rajesh Kumar Dubey and P. W. 9 Dr. Gobind Prasad Tambakubala. No evidence has been adduced on behalf of the accused. 8. P. W. 1 is the herdsman of the deceased. At the time of occurrence he was sleeping on the bungalow of Md. Mojib (deceased). In the western side Mahendra and Iqbal were also sleeping there. 12 miscreants came there and fired shot at Mojib causing injury in the back. Mojib ran towards brinjal field. Four Patna High Court CR. APP (DB) No.669 of 2006 dt.28-08-2012 5 miscreants came to him and remaining miscreants went inside the house. The miscreants had also surrounded Md. Sakib (P.W. 6) and entered into the house, damaged the box and took out Rs.17,000/-. They also took out nosepin from the nose of Momina Khatoon (P.W.3). He identified the dacoits in the light of lantern which was burning on the varanda. Therea

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.