MUSHA MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Ratnakar Ambastha 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 dated 15.02.2001 and order of sentence dated 16.02.2001 passed by learned 2nd Additional Sessions Judge, Begusarai in Sessions Trial No. 316 of 1996/187 of 1996 by which and whereunder he convicted the appellant for the offence punishable under Section 366 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six years under the above stated section.

(3.) ON the basis of aforesaid Ferdbeyan, Cheria Bariyarpur P.S. Case No. 95 of 1995 under Sections 363 and 366 of the Indian Penal Code was registered and on the same day, formal first information report was drawn up for the offence punishable under Sections 363 and 366 of the Indian Penal Code against the appellant. The police investigated the case and submitted charge sheet for the offence punishable under Sections 363 and 366 of the Indian Penal Code against the appellant showing him absconder. In due course, cognizance of the offence was taken and the case was committed to the court of Sessions, in usual way. The appellant stood trial and he was charged for the offence punishable under Section 366 of the Indian Penal Code which was denied by him.