SIPAHI RAM @ SIPAHI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Sipahi Ram @ Sipahi Paswan has been found guilty for an offence punishable under Section 412 of the IPC while appellant, Vijay Koiri has been held guilty for an offence punishable under Section 395 of the IPC vide judgment dated 29.02.2012 and both have been directed to undergo R.I. for 10 years along with fine of Rs. 5,000/ - in default thereof, to undergo S.I. for six months additionally, independently, vide order dated 02.03.2012 passed by Additional Sessions Judge -FTC -IV, Sasaram in Sessions Trial No. 282/1991/198/2010, the subject matter of instant appeal.

(2.) PW -6, Ram Pravesh Tiwari had recorded his Fard -e -beyan on 22.09.1990 at about 12:30 p.m. at his house lying at village -Karmaini, P.S. Natwar, Distt -Rohtas before O/C, Natwar P.S. disclosing therein that unknown dacoits have raided his house in the preceding night of 21.09.1990 at 11:00 p.m. and took away all their belongings and he had detailed the detailed articles in the Fard -e -beyan itself. He had further claimed identification of the dacoits whom he had seen in the torch light.

(3.) THE defence case as is evident from the mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of innocence as well as false implication at the instance of Investigating Officer who coerced the prosecution party to identify the articles as well as the persons.