KULDEEP PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as learned APP for the State.

(2.) SOLE appellant, Kuldeep Prasad Sah who has been found guilty for an offence punishable under Section 412 of the IPC and has been directed to undergo RI for five years vide judgment of conviction and sentence dated 20th day of August 2002 passed by Shri Vijay Kumar Sinha, Additional District and Sessions Judge, Fast Track Court, Bhagalpur in Sessions Case No. 424 of 1989/342 of 2002 has challenged the same by way of instant appeal.

(3.) BRIEFLY stated, the case of the prosecution as is evident from Fard -e -beyan of Munna Singh (PW 5), one of the passengers of 338 DN (Gaya to Siyaldah) recorded on 27.03.1987 at about 2:30 a.m. before ASI (GRP), Sahebganj disclosing therein that he along with his co -villagers, Hari Lal Sao, Uma Shankar Sao, Pramila Devi and Manoj Kumar Singh were in a way to Calcutta and accordingly, had boarded the aforesaid train. As soon as the train steamed off Vikramshila station, he found four persons boarded therein. Two persons had boarded at Sabaur station. Then thereafter, they inspected the bogie and then, on the point of fire arm, looted away his belongings and that of his companions and other passengers present in the bogie. He had listed those articles which was decamped by the miscreants. As soon as the train reached near Shiv Narayanpur outer signal, all of them got down. Having been instituted as Bhagalpur GRP Case No. 13/87, investigation commenced and concluded by way of filing charge -sheet against three, Sanjay Goswami, Kuldeep Prasad Sah (appellant) and Vijay Kumar Sah while others were shown as suspects and accordingly trial commenced. It is apparent that on account of death of Vijay Kumar Sah proceeding was dropped. After concluding trial, by the judgment impugned, appellant has been convicted while co -accused, Sanjay Goswami has been acquitted.