SHEIKH SALIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae and learned counsel for the State.

(2.) This appeal is filed against the Judgment and order dated 07.08.1998 passed by the learned 3rd Additional Sessons Judge, Purnea in Sessions Trial No. 457 of 1996/263 of 1997 whereby and whereunder the appellant has been convicted under Section 396 of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years.

(3.) Prosecution case, if brief, is that the deceased Rameshwar Singh and his brother, Kishori Singh were returning after unloading Mahua from Banmankhi. Truck was being driven by Rameshwar Singh, deceased and Kishori Singh was Khalashi. When the truck reached near Sarsi Chowk, 5 miscreants got stopped the truck, came in its chamber and after going ahead about one kilometer, two of them on the point of pistol demanded money. One of them succeeded to take out Rs. 4500/- from the pocket of the deceased. There was further demand also and disclosure about having no more money firing was shot on the deceased who later was taken to Purnea Hospital where succumbed to his injury in course of treatment. In fardbeyan, his further statement can be taken as dying declaration was taken.