BAID NATH MEHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) . 1. Heard learned counsel Sri Narendra Prasad Singh appearing for the appellant as amicus curiae as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 02.02.2001 passed by Additional Sessions Judge-IV, Muzaffarpur in Sessions Trial No. 382 of 1996 by which and whereunder he convicted the appellant for the offences punishable under Sections 395 and 397 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years for the offence punishable under Section 395 of the Indian Penal Code and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 397 of the Indian Penal Code. However, both the sentences were ordered to be run concurrently.

(3.) ON the basis of aforesaid Ferdbeyan, Sahebganj P.S. Case No. 79 of 1995 was registered and accordingly, formal first information report was drawn up against the appellant and one other person. After completion of investigation, police submitted charge sheet for the offences punishable under Sections 395 and 397 of the Indian Penal Code against the appellant. The cognizance of the offence was taken and the case of appellant was committed to the court of Sessions, in usual way.