PATNA, India, May 21 -- Patna High Court issued the following judgment on April 20:

1. Since both the appeals arise out of the same judgment of trial Court, they have been heard together and are being disposed of by this common judgment.

2. Both the appeals are arising out of the judgment of conviction and order of sentence dated 12.01.2005 and 15.01.2005 respectively passed in Sessions Trial No. 19 of 1993 /224 of 2003 on the file of Additional Sessions Judge, Fast Track Court No. 1, Madhubani, whereby, the appellant/Ram Bahadur Sahani in Criminal Appeal (SJ) No.91 of 2005 and appellant /Mahesshi Sah @ Mahesh Sah in Criminal Appeal (SJ) No.95 of 2005 were convicted for the offence punishable under Section 395 IPC and were sentenced to undergo rigorous imprisonment for a period of 07 years.

3. The case of the prosecution as per the fardbeyan of P.W.6/Bindeshwar Sahani is that in the intervening night of 25/26.06.1992 at about 12.30. A.M., the brother of the informant, namely, Raja Chaudhary Sahani, nephews Jivneshwar Sahani and Mukteshwar Sahani and Bhagina (Sister's son) of Uday Kumar Sahani were sleeping at east facing dalan i.e. west to the house of the informant. The informant was sleeping with his wife inside the house. He heard the noise of some persons assaulting Jivneshwar Sahani for opening the door of the house. On that, the informant saw in the torch light that about 6 to 7 persons armed with pistol were asking about the informant and threatening to kill Jivneshwar Sahani. In light of torch, the informant noticed that the dacoits were aged around 20 to 25 years. Some of them were tall, some were of medium height, while some were short. One person, who was thin and tall and had a towel tied around his face, worn a check shirt and a sheet wrapped around his body, was holding a three cell torch in one hand and a pistol in another hand, who seemed to be the leader of the dacoits.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MjQjOTUjMjAwNSMxI04=-l2--am1--FqrQiJ5g=)

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