SUMAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted u/s.394 I.P.C. and sentenced to R.I. for ten years by a judgment dated 9.5.1997 and 12.5.1997 passed by the 3rd Additional Sessions Judge, Saran at Chapra in Sessions Trial No.80 of 1995.

(2.) The case of the prosecution according to informant Gafoor Mohammad (P.W.4) is that on the night between 2nd/3rd of August, 1994 the appellant along with 2-3 others caught hold of him, but he escaped unhurt. Soon thereafter the appellant accompanied by other miscreants and assaulted him with the knife causing injury on his right hand and tied his hands and legs and snatched away his house hold articles. This occurrence was witnessed by the informant and his daughter-in-law, who both identified the appellant. The reason for the occurrence is that about one and half months ago the appellant had attempted to take advantage of his daughter-in-law which was resisted and thereafter the present occurrence was committed by him.

(3.) During trial the prosecution has examined seven witnesses. Out of whom, P.W.3, P.W.6 and P.W.7 are formal witnesses, whereas P.W.1, P.W.2, P.W.4 and P.W.5 are the material witnesses, out of whom P.W.1 Shamul Khatoon is a child witness, aged about 12 years and grant daughter of the informant. P.W.2 is the daughter-in-law of the informant, whereas P.W.4 is the informant and P.W.5 is the doctor, who medically examined P.W.4 on 3.8.1994.