SAHEB MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the State.

(2.) THE appellants have been convicted under Sections 395 and 397 of the Penal Code and have been sentenced to undergo rigorous imprisonment for ten years and seven years respectively.

(3.) THE case of the prosecution is that P.W. 4 was the owner and proprietor of the Nalanda Service Station Petrol Pump situated in Mohalla Gagan Diwan. The petrol pump is having the generator and even if the electric supply is not there, there is arrangement for generation of electricity. On 30.05.1994 P.W. 4, the proprietor/owner of the petrol pump along with his raxin bag proceeded for his house and at that time there was light and staff as well, a tanker came for unloading petrol and tin of mobile was being unloaded from the tanker. In the meantime, 4 -5 persons, armed with fire arms, came and 2 -3 persons surrounded P.W. 4, who got him freed from the clutches of the accused persons and running away, in the meantime, one of the accused persons fired upon P.W. 4 causing injury on his head and when he fell down then one of them snatched his raxin bag, containing money and passed over to the other person.