MUNESHWAR BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years as also under Section 412 of the Indian Penal Code but no separate sentence had been passed by the 5 th Additional Sessions Judge, Nalanda at Biharsharif by a Judgment dated 18.3.1996 in Sessions Trial No. 564/1992.

(2.) The prosecution according to the PW-1, the Manage of Punjab National Bank, Noorsarai Branch is that a dacoity was committed in the bank on 28.10.1991 by some unknown persons aged about 20-25 years and while they were fleeing away, one of the dacoits was shot dead whereas the present Appellant was caught by the chasing party.

(3.) The prosecution to prove its case examined 13 witnesses out of whom PW-1, PW-2 and PW-13 are formal witnesses. PW-4 is a seizure witness who had been declared hostile. PW-10 is the Informant himself. PW-3, PW-5 and PW-6 are the bank employees who are on the factum of the occurrence whereas PW-7 is the Circle Officer who is inquest witness prepared on the dead body of the deceased dacoit. PW-8 and PW-9 are the constables who are on the factum of occurrence whereas PW-11 also is a constable had been tendered. PW-12 is the Investigating Officer and PW-4 is a seizure witness.