RAM MILAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals are directed against the judgment of conviction dated 22nd December, 1999 and the order of sentence dated 23rd December, 1999 passed by the Additional Sessions Judge VI, Aurangabad in Sessions Trial No. 30 of 1999.

(2.) Initially, in this case, 11 persons were made accused out of which all except these two appellants have been acquitted. These two appellants have been convicted for the offences punishable under Sections 395 and 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case is that in the night between 28th and 29th of September, 1998, Bhonu Pal, the driver of truck bearing registration no. UP 65H-0597 was apprehended by some unknown criminals. The truck was carrying 169 bags of flour. The driver, the assistant driver and the khalashi (conductor) of the truck were tied up. Their eyes were also tied up by a piece of cloth. The truck was taken to some remote place and thereafter, these three persons were asked to wait for miscreants till they returned. After some time, they were successful in untying themselves and thereafter they went in search of Police Station to report the matter.