SHISHIR KUMAR @ CHUNNU Vs. STATE

JUDGEMENT

(1.) <DJG>G .S.SISTANI,J.</DJG>Challenge in the present appeal, filed under Section 374(2) of the Code of Criminal Procedure, is to the judgment dated 27.8.2010 and order on sentence dated 30.8.2010 passed in Sessions Case No.140/2008, arising out of FIR No.58/2004, registered under Section 364A/420/120B/34 IPC, Police Station Mahipalpur, by which the appellant has been sentenced to undergo imprisonment for life for the offences punishable under Section 364A IPC and under Section 120B IPC. It was directed that the sentences would run concurrently. In addition thereto, the appellant was directed to pay a fine of Rs.5,000/ -, each, for the offences and in default thereof simple imprisonment for six months, each.

(2.) THE version of the prosecution, as noticed by the trial court, is as under:

(3.) LEARNED counsel for the appellant submits that the impugned judgment is bad in law and the same is based on surmises and conjectures. Counsel further submits that the trial court has failed to appreciate that the complainant, namely, Sh.Ram Sanjivan Kushwah, had failed to identify the currency note of Rs.100/ - when learned counsel for the appellant during cross -examination had handed over a currency note of Rs.100/ - but had only stated that it was a plain piece of paper, whereas during the trial he had deposed that he is aware of the difference between a currency note and paper, although he is totally blind.