MD SAHABUDDIN @ KAILA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellants to press this appeal. Accordingly, Ms. Abha Singh, Advocate is appointed as Amicus Curiae to assist in this appeal on behalf of the appellants.

(2.) The appellants have been found guilty under Section 395 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for ten years by the Assistant Sessions Judge, Araria in Sessions Trial No. 338 of 1990.

(3.) The prosecution case has been instituted on the fardbayan of Madan Lal Rajak (PW 1) alleging that around mid night, he woke up because he heard his sister-in-law crying loudly. He saw that some miscreants had entered his house and the house of his Bhabhi and the brother. He raised alarm whereupon the miscreants threatened them. It is said that they took away ornaments, clothes etc. belonging to the informant.