MANAZER MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against judgment dated 26.2.2007 passed by the learned Presiding Officer, Fast Track Court-V, Bettiah, West Champaran, in Sessions Trial No. 558 of 1997/434 of 2004 by which the appellant was held guilty of committing the offence under Section 397 of the Indian Penal Code and by order of sentence dated 27.2.2007 was directed to suffer rigorous imprisonment for seven years.

(2.) The prosecution case is based upon the fardbeyan of P.W. 5 Lal Babu Mian. It was stated by him that when he was sleeping at the readymade cloth shop with his father in the night intervening 14-11-1996 and 15-11-1996 1996, at around 1.30 A.M., his father Nakched Mian P.W. 4 awakened him up to tell him that the shop had been broken into in its western wall. As soon as the informant woke up, the accused persons came before him and asked for money, but the informant stated that he did not have anything and started raising hulla of 'Chor-Chor.' The accused put his country made gun at him which was caught hold of by the informant upon which the other criminals dealt an iron rod blow to the informant on his head. When his father P.W. 4 intervened and objected to the acts of the criminals he was given a chaku blow.

(3.) The informant stated that he identified the present appellant in the light of lantern which was burning in the shop and asked him as to why he was indulging into such acts upon which the appellant is said to have ordered to kill him. The informant ran away from there and took shelter in his house. His father also started raising hulla upon which the villagers and neighbourers assembled there as a result of which the criminals fled away.