MADAR, PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the Criminal Appeal No. 293 of 1992 and Criminal Appeal No. 295 of 1992 arise out of the same judgment and have been heard together hence they are being disposed of by this common judgment.

(2.) THE appellant Madan Paswan of Criminal Appeal No. 293 of 1992 has been convicted u/s. 412 of the Indian Penal Code and was sentenced to -undergo rigorous imprisonment for 7 years.

(3.) THE prosecution case disclosed from the fard beyan of the informant Ram Binay Gupta is that on 20.6.1985 the informant was coming from Dhanbad to Gaya by Jammu Tabi Express train and when the train arrived at Paharpur Railway Station and thereafter proceeded towards Gaya, a dacoity took place in the compartment and passengers were looted in the running train. The miscreants variously armed entered into the compartment and started assaulting and looting articles from the passengers. It has been submitted that the miscreants looted a golden ring, Rs. 300/ - cash from the informant and a diary of his elder brother in which photograph of his brother and sister -in -law was there, some cloths and an admit -card which was issued by Agra Radio and Television Training Centre in his name. After looting the articles the dacoits got down from the train at the outer signal of Bandhua Railway Station. It has further been submitted that though the miscreants were unknown but the informant claimed to identify them if shown. Thereafter he got down from the train at Gaya Railway Station where his fard beyan was recorded at G.R.P., Gaya at platform No. 1 and he signed over his fard beyan i.e. Ext. 2.