MUSAFIR RAJBANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal No. 305 of 2000 filed by Musafir Rajbanshi and Criminal Appeal No. 331 of 2000 filed on behalf of Sadhoo Beldar alias Motua alias Ram Chandra Chauhan arise out of one and the same judgment and order passed by Shri Devendra Kumar Lal, 2nd Additional Sessions Judge, Nawadah in Sessions Trial No. 26 of 1992/319 of 1996 whereby and whereunder he found and held the appellants guilty and convicted and sentenced them each to undergo rigorous imprisonment for seven years each under Section 395 of the Indian Penal Code (hereinafter referred to as the Code) and as such they have been heard together and are going to be disposed of by this common judgment.

(2.) THE prosecution case, as unfolded in the First Information Report and the evidence of the prosecution witnesses, in brief, is as follows :

(3.) THE appellants did not enter into defence. However, from the trend of cross -examination of the prosecution witnesses, written statement submitted on behalf of the appellants and the statements of the appellants recorded under Section 313, Cr PC the defence seemed to be that of total denial and false implication out of sheer enmity.