GANESH CHAUDHARY @ GAGESH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellants and as such, Mr. Ranbir Singh, Advocate is appointed as amicus curiae on behalf of the appellants to assist this Court.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 24th December, 1999 passed in Sessions Trial No. 119 of 1999 (arising out of Jagdishpur Police Station Case No. 243 of 1997, G.R. No. 2912/1997) by the 3rd Additional Sessions Judge, Bhojpur whereby the trial Court has found and held the appellants guilty for the offences punishable under Section 392 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years.

(3.) The First Information Report has been instituted by PW 5 Md. Naushad Quraishi son of Asraf Quraishi. According to the First Information Report, when the informant along with his brothers Abbas Quraishi and his cousin, Mustaque Quraishi were returning home on their bicycles, they were intercepted by 3 or 4 miscreants near the National Highwary-28. These miscreants allegedly snatched away the money of the informant. They also intercepted one Siddhi Mistri, PW 3, who was also returning home. The miscreants were variously armed with weapons and on alarm being raised the miscreants ran away. According to the informant, he was able to identify the two appellants.