MD. IMAMUDDIN @ FUDIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three appellants have been found guilty of an offence under Section 395 of the Indian Penal Code and sentenced to undergo R.I. for seven years. They have also been convicted under Section 412 of the Indian Penal Code to undergo R.I. for two years by the 1 st Additional Sessions Judge, Saharsa in Sessions Trial No. 44/98.

(2.) The allegation against the appellants is that they along with others committed dacoity in a running train bearing number 1418 UP in Coach (Bogi) No. 7888 Y on 7.10.1997. After committing dacoity, the miscreants pulled the chain and got off the train. passengers and the escort party chased the miscreants and caught the appellants on the spot. Recovery of stolen articles was also made and the articles were handed over to the passengers. Appellant, Md. Imamuddin @ Fudiya has remained in custody for 3 years, 11 months and 13 days, Md. Ibrahim has stayed in custody for 3 years, 7 months and 2 days whereas, appellant Umesh Paswan has remained in custody for 3 years, 11 months and 13 days.

(3.) The prosecution in order to support their case has examined ten witnesses. P.W. 1, P.W. 4, P.W. 5, P.W. 6, P.W. 7, P.W. 8 and P.W. 9 are the passengers who were traveling in the train on the date of occurrence. They have all turned hostile inasmuch as they have supported the occurrence but have not been able to identify the appellants in Court.