RAJ KUMAR CHOUDHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER who has been found guilty for an offence punishable under Section 392 IPC and directed to undergo R.I. for three years vide judgment dated 05.09.1994 passed by Sri Shailendra Kumar Pandey, Judicial Magistrate, Bhojpur at Arrah in G.R. Case No. 1722/1986 which has been found concurred vide order dated 03.07.2002 passed by 2nd Additional Sessions Judge, Bhojpur at Arrah in Cr. Appeal No. 75 of 1994 by way of dismissing the appeal, however, modified the sentences by reducing it to two years, has challenged the same under present petition.

(2.) SHIV Narain Singh (PW 3) gave his Fard e beyan on 17.08.1986 at about 10:30 P.M. alleging inter alia that in usual course he got down from Tiwari Bus along with his son Gopal Jee, Nand Lal and a co villager, Ram Bachan Singh near village Budhawal where four unknown persons also got down in a way to their home after attending market. Just after starting of bus all of them (unknown four persons) caught hold of him and one of them took out fire arm, pointed it towards him and took away Rs. 5500/ , the sale proceed, wrist watch, one bucket full of fruits, empty jute bags, wrist watch belonging to Ram Bachan Singh and then thereafter, escaped therefrom. They raised alarm as well as also chased the miscreants but none of them was caught. He further disclosed physical feature of the miscreants and had so claimed identification.

(3.) FROM the L.C. record, it is evident that I.O. has not been examined. The magistrate who had conducted TIP was also not examined. T.I. Chart has not been exhibited. Nand Lal was not produced. Having the aforesaid deficiency persisting on the record, it is found that prosecution had produced five witnesses to support its case out of whom PW 1 as well as PW 5 are formal in nature. Therefore, their evidences are not at all relevant with regard to occurrence so alleged.