UPENDRA MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under section 395 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years by judgment dated 31.01.1996 passed by the 1st Additional Sessions Judge, Sitamarhi, in Sessions Trial No.55 of 1995.

(2.) The case of the prosecution is that on 22.11.1994 a dacoity was committed in the house of the informant (P.W. 1), whereafter the dacoits were chased and three of them were apprehended in the adjoining fields. From the possession of the appellant no.1, an old Sarree was recovered, whereas, from the possession of appellant no.2 a cartridge was recovered.

(3.) During trial, the prosecution examined five witnesses out of whom P.W. 1 is informant, P.W. 2 is his brother and P.W. 3 is his mother. P.W. 4 is the Investigating Officer and P.W.5 is the Doctor, who examined the informant who was also injured in the transaction.