BADRUDOZA @ MD MASOOM @ MASUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal has been filed against the judgment of conviction dated 01.06.2007 and order of sentence, dated 02.06.2007, under Section 364 A of the Indian Penal Code, passed, by the learned Additional Sessions Judge, F.T.C. -I, Motihari in Sessions Trial No. 848/73 of 2005/05, arising out of Turkauliya (Banjariya) P.S. case No. 227 of 2003, G.R. No. 1975 of 2003, against the sole accused -appellant and sentenced him to suffer imprisonment for life and fine of Rs.1,000/ - under Section 364A of the Indian Penal Code and in default of payment of the same to under go further two months Simple Imprisonment.

(2.) THE prosecution's case, as disclosed in the written report of Rajeshwar Prasad (P.W. 3), Mukhiya of Gram Panchayat Raj, Rohiniya, P.S. Banjaria, presently residing in Ambika Nagar, P.S. Banjaria, District - East Champaran, made on 27.08.2003 at 4.00 P.M. addressed to officer -in -charge Banjaria police station, in short, is as follows:

(3.) THE written report of Rajeshwar Prasad was forwarded by Banjaria police station, East Champaran to Officer -incharge Turkaulia police station for institution of the a case, which was registered as Turkaulia Police Station Case no. 227 of 2003 dated 27.08.2003, under Section 364 A of the Indian Penal Code.