DURGA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 396 of the Indian Penal Code and was sentenced to undergo for life imprisonment.

(2.) The facts of the case, in short, is that on 1.9.1989 at 8.30 p.m. 4 Gulab Singh gave his fardbeyan to SI, A. Singh of Chainpur Police Station, stating therein, inter alia, that on the date of the occurrence, i.e., 1.9.1989 at about 5 p.m. he along with PW 1, Krishna Kant Singh @ Krishna Singh were taking refreshment in their house after returning back from Bhabua. In the meantime, they heard the sound of firing upon which he and PW 1, Krishna Kant Singh @ Krishna Singh, came out of their house and reached on the gate and proceeded ahead.

(3.) On the basis of the fardbeyan of the informant, Chainpur PS Case No. 69/89 was registered and on the same day at 9.30 p.m. a formal FIR was drawn up against this accused and also other FIR named accused persons. The police after completion of the investigation submitted charge-sheet and accordingly cognizance was taken and the case was committed to the Court of Sessions. The trial Court concluded the trial and on conclusion of the trial convicted the appellant as indicated above.