DINESH MISTRY @ DINESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Section 364 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years vide judgment and order dated 29.4.2003 and 30.4.2003 passed by Sri N.C. Lala, the then Ad hoc Sessions Judge, Presiding Officer, Additional Court No. 2, Patna in Sessions Trial Case No. 765 of 1992/178 of 2001.

(2.) Prosecution case as per fardbeyan of informant Ram Chandra Banarsi (P.W.1), in short, is that on 20.2.1992 the informant went to Ajamgarh with his family and on 22.3.1992 when he returned to Naubatpur, his sister's son Mahendra aged about 13-14 years at that time, informed him that on 24.2.1992 at about 8 A.M. he went along with Geeta (sister's daughter) to Danapur Railway Station and after purchasing two tickets they boarded the train for going to Ajamgarh and when the train was to start, the accused Dinesh Mistry also boarded in the same compartment and asked him to get down but Mahendra was not ready to get down and in the meantime the train started and was moving slowly when the accused pushed him down and the train speed away and the accused took away Geeta with him towards west.

(3.) On the basis of aforesaid fardbeyan, Danapur Rail P.S. Case No. 8 of 1992 was registered. After investigation police submitted charge sheet and cognizance was taken and after commitment the case traveled to the file of Sri N.C. Lala, the then Ad hoc Sessions Judge, Presiding Officer, Additional Court No. 2, Patna for trial and disposal.