LALAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appeals have been preferred for setting aside the judgment of conviction dtd. 20/9/2017 and order of sentence dtd. 22/9/2017 passed by the learned Fast Track Court-I, Rohtas at Sasaram in Sessions Trial No. 482 of 2000 which arose out of Sheosagar (Baddi) P.S. Case No. 0023 of 1997 registered under Sec. 364A of the Indian Penal Code (in short 'IPC').

(2.) On the basis of the written information (Exhibit '1' of the informant (PW-6)), a case bearing no. 0023 of 1997 was instituted in Sheosagar Police Station against unknown accused persons under Sec. 364A IPC. The investigation was taken up and after investigation, the I.O. submitted first charge-sheet bearing no. 08 dtd. 25/6/1997 and investigation was kept pending against some of the accused. After investigation, police submitted a supplementary chargesheet against the accused persons under Ss. 364A and 120B/34 IPC. Cognizance of the offences was taken on 11/8/1997 whereafter the records were committed to the court of sessions where the charges were framed under Sec. 364A/34 IPC and explained to the accused persons-appellants who pleaded not guilty and claimed to be tried.

(3.) On behalf of the prosecution, seven witnesses were examined. The written report (Exhibit '1'), two letters written by the victim (Exhibits '2' and '2/1') and signature of witnesses on deposition under Sec. 164 CrPC (Exhibit '3') were marked without objection. Four letters were marked 'X' to 'X/3' for identification.