NARESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS all the three appeals arise out of the same judgment and they involved common question on facts and law hence they are being disposed of by this common judgment.

(2.) ALL the three appellants were convicted under Section 395 and sentenced to undergo R.I. for ten years by judgment dated 19.1.2002 of the Presiding Officer, Additional Court No. 1, Nalanda in Session Trial No. 198 of 1984/129 of 2001.

(3.) AS may as 16 witnesses have been examined by the prosecution. PW 1 Vidya Prasad is a hostile witness and he says that on hulla he reached at the Place of occurrence at about 2 a.m. and he saw that dacoity had taken place in the house of Rooplal Sao and Darogaji was inspecting the place of occurrence. He further says that in the ensuing morning he learnt that one of the dacoits Banshi Beldar had been caught in injured condition. He further deposed that Parshuram had received pellet injury and none else was injured in the occurrence. His attention was drawn towards the police statement and he has denied to have lodged any police statement supporting the case of the prosecution.