MEENA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) None appears on repeated call on behalf of appellant whereupon, Mr. Navin Kumar, Advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellant, Meena Devi has been found guilty for an offence punishable under Sec. 379 IPC and sentenced to undergo SI for 2 years vide judgment of conviction and order sentence dtd. 19/12/2014 by Additional Sessions Judge-3rd, Katihar in Sessions Trial No. 324/2012.

(3.) The persisting controversy which the learned lower court had also perceived under para-2 of the judgment and which requires in depth scrutiny, but for the same first of all, fact is to be taken note of. PW-2, Jagdish Ram who boarded Kamakhya Gaya Express at Kishanganj in a way to his house, fell prey at the hands of train robbers who succeeded in taking away 2 ATMs, diary, cash appertaining to Rs.1500.00 and mobile by way of administering sedative in a cup of tea. Through ATM Cards Rs.78500.00 had already been withdrawn. It is further evident that while PW-2, Jagdish Ram had come to the office of Superintendent of Police, Katihar and during course of returning, when he came to Katihar Junction, he boarded at a passenger train from Katihar to Barsoi wherein he found and identified the aforesaid miscreants, seeing whom they hurriedly got down from the bogie and ran, during course of chase, the male member succeeded in his escape while female was apprehended who disclosed her identity as Meena Devi, the appellant. She was produced before GRP Katihar along with written report which was transmitted to Kishanganj GRP whereupon 2/2012