BISHWANATH NUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by 6th Addl. Sessions Judge, Chapra in Session Trial No. 311/97. The appellant was sentenced to undergo RI for ten years for the offence under Section 395, IPC.

(2.) The case of the prosecution, as stated in the fardbeyan of the informant (exhibit-2), was that in between the night of 2/3rd September, 1994, informant was sleeping in his house along with his son and his wife was also sleeping on a mat by his side. At 10.30 P.M. suddenly three young men approached the informant armed with torch and knife and asked him as to who sold ganja. Informant's replied that he was not selling ganja and one of the three persons ordered for assault upon the informant. Then one person wielding chaku assaulted him with chaku. The informant identified the appellant and thereafter he raised alarm whereby elder brother of the informant, Uttim Ram, came there and he also raised alarm. In the meantime, the informant fled away from that place and went to the house of one Ram Jati Ram and thereafter there was bomb explosion near his house. Neighbours gathered and raised alarm.

(3.) The defence of the accused-appellant was of false implication.