BHUKHAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though both the appellants suffered conviction under Section 392 of the Indian Penal Code for which they were sentenced to suffer rigorous imprisonment for a term of 10 years and also to pay of Rs. 5,000/- each, in default of which to undergo further rigorous imprisonment for a period of two years, Bhukhal Das suffered ' conviction also under Section 397 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for a term of 10 years with direction that in his case the sentences shall run concurrently.

(2.) The salient features of the prosecution case can be recapitulated with brevity. It was alleged that at about 8.00 p.m. on 16th October, 1994 while Ganga Sah (PW5) was returning from market with sale proceeds of bananas, he was intercepted by the appellants at some distance, north-east to Chanpatia Bazar, when miscreants coerced him, pursuant to which Bhukhal dealt successive blows on his person with dagger, which followed profuse bleeding from the wound. As for Allauddin Mian, it was alleged that he relieved him of his sale proceeds. Fardbeyan of Ganga Sah, the injured, was recorded in Beetiah hospital at 14 hours on 28th October, 1994, pursuant to which the investigation commenced, and in course of investigation, the police while collecting evidences, visited place of occurrence, recorded statement of witnesses, got the injured clinically examined by the doctor and on conclusion of investigation, laid charge-sheet before the Court.

(3.) At trial, the State examined altogether 8 witnesses who were the injured, his son, doctor, two Police Officers and also other host of witnesses, some of whom turned volte face to the State.