KANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SEVEN appeals were filed against the judgment dated 12th August, 1988 passed by the 4th Additional Sessions Judge, Gaya, in Sessions Trial No. 10 of 1985/04 of 1985.

(2.) OUT of the aforesaid cases, Cr. Appeal No. 436 of 1988, Cr. Appeal No. 448 of 1988 and Cr. Appeal No. 534 of 1988 have abated on account of death of four appellants, namely, 1. Amna Khatoon, 2. Hiramani Devi, 3. Baiju Lal Singh and 4. Ram Niwas Singh.

(3.) THE case of the prosecution, according to the Informant Surendra Kumar Dwivedi, Clerk -cum -Cashier, Laxmi Commercial Bank, is that on 04.01.1983 at about 6.30 AM, he had left his bank office in the company of the Bank armed guard deceased Kishori Lal along with 12 lacs in a sealed box for deposit in Patna Branch situated at Exhibition Road. They were traveling in Patna -Gaya train. At about 8.00, in the morning when the train just left Jehanabad Railway Station, 5 -6 persons suddenly appeared and three of them tried to snatch away the gun of the armed guard. This led to struggle in which course one of them shot dead the armed guard. The miscreants then fled away with the cash box and the gun. He was also injured in this transaction for which he was removed to hospital where he recorded his fard -e -beyan. He claimed in the fard -e -beyan that he would be in a position to identify the miscreants if they were shown to him.