RAM SAKAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 399, 402 Indian Penal Code and Sections 25(1)(a) and (26)(II) of the Arms Act and for a period of five years for conviction under Section 399 and 402 Indian Penal Code and two years under each count of the Arms Act by the Adhoc Sessions Judge, Fast Track Court No. 1, Nalanda, by a Judgment and order of conviction dated 31.8.2001 passed in Sessions Trial No. 213 of 1998/ 21 of 2001.

(2.) The case of the Informant Uma Shankar Prasad is that on 14.5.1985 while he was on his patrolling duty, at 11.30 P.M., he saw 10- 12 persons assembled carrying stone boulders at which they were stopped. The miscreants began to flee away firing shots and pelted stones at the members of the Patrolling Party, as a result of which Kashi Nath Rai sustained injuries in his leg and eyes. In course of chase, the present Appellant was apprehended and from his possession three live cartridges were recovered.

(3.) During Trial, the Prosecution examined eleven witnesses. Out of whom, PW-1, PW-2 and PW-3 are the Police Constables and members of the Patrolling Party. PW-4 to 11 had been declared hostile. Thus, it appears that the Prosecution case depends solely on the evidence of the three Police Personnels who were part of the Patrolling Party.