NARAYAN KAMKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence passed by 4th Addl. Sessions Judge, Arrah on 21.11.1989 and the appellant was convicted under Section 240 of the Indian Penal Code and sentenced to undergo RI for four years.

(2.) THE case of the prosecution as reported through the written report of the Railway Station Master Chausa, is that on 28.7.1980 the Station Master was in his office. Suddenly one Sri Ram of Chausa came and told that one person came at his shop and gave him two silver coins on which King Edward VII was engraved and both the coins appeared to be counterfeit. The aforesaid person who had given those coins to Sri Ram was still at the shop. So Station Master along with other persons (mentioned in the written report) went to the shop of Sri Ram where the accused appellant started fleeing away. He was caught hold on chase and from his possession 82 coins were recovered from his pocket. Thereafter the accused - appellant was produded before the Officer Incharge, Buxar GRP. A formal FIR was drawn up on the basis of the written report (Exhibit 2). Subsequently, police investigated the case and submitted charge -sheet and thus the accused appellant was put on trial.

(3.) STATION Master and Sri Ram were not examined and the police officer who prepared the seizure list was also not examined.