(1.) The solitary appellant has been convicted by the learned Presiding Officer of Fast Track Court VI, Sitamarhi in Sessions Trial No. 808 of 2005 by judgment dated 2nd February, 2007 for committing offences under sections 413 and 414 IPC. The appellant has been directed to suffer RI for five years as also to pay a fine of rupees two thousand, else to suffer RI for six months under section 413 IPC. He has further been sentenced to undergo RI for two years under section 414 IPC.
(2.) The informant of the case was the Officer Incharge of Pupri Police station. He stated in his written statement (Ext. 2) that he along with an ASI B.P. Yadav (P.W.7), I.O. of the case, reserved guard Havildar Devendra Sharma, Constable 535 Satendra Kumar, Constable 300 Tahir Hussain, Constable 214 Surendra Prasad Yadav and Constable 272 Hit Narayan Singh started by the police jeep for investigating Pupri P.S. Case no. 156 of 2005 under section 379 IPC and during that course, searched the house of the present appellant, who was named accused in that case. Seeing the police force, the appellant is said to have attempted to run away from there but he was chased by the police and villagers and was arrested.
(3.) On search of the house of the present appellant in presence of two witnesses, namely, Kale Khan and Md. Basiur Rahman, P.Ws 4 and 5 respectively, six bicycles were recovered as per description given in the written report (Ext. 2). Those cycles were seized and seizure memo (Ext. 1) was prepared.