SHANKAR KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Section 328 Indian Penal Code and sentenced to rigorous imprisonment for ten years by the 1st Assistant Sessions Judge, Sitamarhi, in connection with Sessions Trial No. 88 of 2000/6 of 2000 by a Judgment and order of conviction dated 12.7.2001.

(2.) The case of the Informant was that he was the Conductor of Raj Transport Bus and on 24.12.1999, when he was travelling on the same and his bus was stopped at Runnisaidpur, one person gave a cup of tea to a person sitting next to him and also gave him a sweet. The said person on having the sweetmeat and sip of tea, fell unconscious. The person, who had offered the same, later stopped the bus and while he was carrying away the attaichi and one bag of the unconscious person with him, he was caught hold of and brought to the Police Station where the present case was instituted.

(3.) The Prosecution in all examined two witnesses, both of whom have been declared hostile.