SANTOSH KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offence under section 341, 307 and 326 of the Indian Penal Code and respectively sentence to undergo simple imprisonment for one month and rigorous imprisonment for ten years with fine of Rs. 1,00,000/- and in default, further to undergo rigorous imprisonment for two years, but no separate sentence was awarded for the offence under section 326 of the Indian Penal Code, however, both the sentences were to run concurrently, as awarded vide judgment dated 29th March 2011 by learned IInd Additional Sessions Judge, Bhojpur at Ara, in Session Trial No. 141/04 arising out of Piro P.S. Case No. 202 of 2001, G.R. No. 2793/2001.

(3.) HOWEVER , after taking cognizance, charge under section 341, 327 and 326 of the Indian Penal Code was framed and commenced on 6th October 2004, wherein initially five witnesses P.W.1 Ravindra Kumar Yadav examined on 27.12.2004, P.W.2 Heera Lal examined on 7.12.2005, P.W.3 Sanjeev Kumar examined on 23.02.2005, P.W.4 Indu Devi examined on 03.06.2005 and P.W.5 Md. Sallauddin examined on 28.06.2005 who declared hostile.