SHIVAJI GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER was put on trial for offence under sections 279 and 337. of the Indian Penal Code. The Sub -Divisional Judicial Magistrate, Pupri at Sitamarhi, by judgment dated 9th of January, 1996 passed in G.R.Case No. 246 of 1991 (Tr. No. 201 of 1995), held him guilty and sentenced to undergo simple imprisonment for three months each for offence under Sections 279 and 337 of the Indian Penal Code, hereinafter referred to as the IPC. Sentences were directed to run concurrently. The appeal preferred by the petitioner against the said judgment of conviction and sentence, has been dismissed by the 2nd Additional Sessions Judge, Sitamarhi by judgment dated 7th of February, 2004 passed in Cr. Appeal No. 8/59 of 1996/2003.

(2.) AGGRIEVED by the same, petitioner has preferred this application.

(3.) THE prosecution, in support of its case, had altogether examined six witnesses. The learned Magistrate, on appreciation of evidence, held that the prosecution has been able to prove its case beyond all reasonable doubt, which has been affirmed in appeal.