VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER being charged with the commission of offences under Sections 395 and 397 IPC, the appellants were put on trial in Sessions Trial No.30 of 2007/14 of 2007 by the learned Presiding Officer of Fast Track Court-V, Nawadah. By judgment dated 29.04.2008, the appellants were found guilty of committing the two offences. The learned trial Judge heard the appellants under Section 235 Cr.P.C. and directed each of them to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.5,000/- each, else to suffer simple imprisonment for six months more. The learned trial Judge did not inflict any separate sentence under Section 395 IPC. The three appellants appeal to this Court challenging the judgment of conviction and order of sentence.

(2.) UNDISPUTEDLY, a dacoity was committed in the house of P.W.4 as he and his wife were injured and properties were plundered. They claimed to identify the culprits if they had the opportunity of seeing them and narrated the identifying features of the criminals to the police while lodging the report.