BINOD PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated three Criminal Appeals arise out of common judgment of conviction and sentence order dated 16.05.2000 passed by Additional Sessions Judge-VIII, Gaya in Sessions Trial No.40 of 1999/337 of 1996 by which and whereunder he convicted all the above stated appellants for the offence punishable under Section 412 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and accordingly a common judgment is being delivered in all the above stated three Criminal Appeals.

(2.) One Shobhnath Singh, the driver of Dimple Coach Bus bearing registration no.BR-26H-6661, gave his fardbeyan to the Officer-in-Charge of Barachatti police station in the night of 12.07.1995 to this effect that on the same day when he reached at Chanda Bridge at about 12.30 p.m. by driving his bus, he found that the road was blocked by the boulders and when he stopped his bus, 10 to 12 unknown persons having armed with pistols encircled the bus and on the point of pistol they robbed the passengers of the aforesaid bus and also looted V.C.R. tape-recorder of the bus. He identified some dacoits in the light of torch flashed by the dacoits. He gave description of the dacoits and also stated that the passengers and driver of Deolok Bus bearing registration no.BR-24P 2661 were also robbed by the aforesaid miscreants.

(3.) On the basis of aforesaid fardbeyan Barachatti P.S.Case No.96 of 1995 under Section 395 of the Indian Penal Code was registered and subsequently, formal FIR under the aforesaid Section was drawn up against unknown persons.