SK MAINU @ MAINUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three persons including this petitioner were seen with two 'paries'. The petitioner was apprehended while two of them fled away from there. The matter was investigated. After some time charge sheet was submitted. The petitioner faced trial for the offence under Section 414 of I.P.C. and he was convicted by the trial court which has been affirmed by the appellate court also.

(2.) The grievance of the learned Counsel for the petitioner is that the appellate court did not consider the infirmities and points raised. Judgment of the appellate court mentions the brief of fact, witnesses examined in the case, the defence, statement recorded under Section 313 of Cr.P.C.

(3.) After perusal of the record I find substance in the submission of the petitioner advanced by the learned Counsel for the petitioner. In concluding portion of paragraph 8 the learned Additional Sessions Judge 1st, Araria for reaching the conclusion has observed as follows: