SHAHIN @ MD. SHAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants namely Shahin @ Md. Shain of Cr. Appeal (S.J.) No.1144 of 2016 and Md. Rijaul of Cr. Appeal (S.J.) No.1023 of 2016 have been found guilty for an offence punishable under Sec. 395 / 34 of the I.P.C. and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. Ten thousand and in default thereof, to undergo S.I. for one year, additionally, vide judgment of conviction dtd. 29/9/2016 and order of sentence dtd. 1/10/2016 passed by the 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No.373 of 2015.

(2.) Informant Umesh Prasad Chaudhary gave his fard-bayan to the effect that he along with his wife Meena Devi, son Gautam Kumar and daughter-in-law Swati Devi were travelling on 19/8/2013 over Banka Intercity (13242 Down) and as soon as the train esteemed off from Barahat Station, one boy came and sat by the side of his wife, whereupon he protested. That boy stood up, but remained standing there. Another, who was standing at the gate called him as Shahin @ Md. Shain and inquired about Rijaul, whereupon that boy "Shahin @ Md. Shain" disclosed that Rijaul is standing near another gate. Till then, train reached Muraura Halt. As soon as the train esteemed off there from, the aforesaid Shahin @ Md. Shain snatched away golden chain as well as Mangalsutra from his daughter-in-law and rushed over which, he attempted to apprehend him. During midst thereof, he took out pistol and threatened to kill in case he attempts to apprehend him and then thereafter, all the accused persons got down from running train, whom the passengers have seen. Some of the passengers have disclosed that all the accused persons are of village-Khariyara, P.S. Barahat, District-Banka. After coming to Banka Station, he got the fard-bayan recorded by the Railway Police Bhgalpur, who has arrived on being informed.

(3.) After registration of Rail Bhagalpur P.S. Case No.42 of 2013, investigation commenced during course thereof, Shahin @ Md. Shain was apprehended. He was put on T.I. Parade, identified by the informant. Other accused were also apprehended, and after concluding the investigation, chargesheet was submitted, facilitating the trial, meeting with the ultimate result, the subject matter of instant appeal.