NANDA BHAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is jail appeal. The appellant Nanda Bhat, who was resident of village Amuni, P.S. Mewadih in the district of Barabanki (U.P.), has been convicted under Section 395 of the Indian Penal Code and sentenced to seven years imprisonment by the 5th Additional Sessions Judge, Munger by his judgment and order dated 3 -7 -1991.

(2.) ON 16 -4 -1988, Dwarika Singh, driver of a Public Carrier Truck No. BRB -9125 was passing through Jamui Malepur Road. The truck loaded with coal, was on its way to Madhubani. On Jamui Malepur Road, tyre of the truck got punctured near Khairma Bridge. The truck was stopped to change the wheel. Owner of the truck Ashok Shah was also in the truck. The driver, owner and the khalasi were engaged in the process of changing the tyre. In the meantime, 5 -6 persons came running and asked these persons not to move. Some of them were also armed with lethal weapons and aforesaid three persons were held captive and taken on the left side of the road. The owner and khalasi were made to sit and the driver was taken to switch on the light of the truck. The driver Dwarika Singh claims to have identified the miscreants and gave their description. The miscreants removed 15 -20 Audio cassettes and snatched Rs. 400/ - from the person of the owner of the truck. Another truck was also looted.

(3.) THE appellant in his defence has pleaded that he has been implicated by the police for not obliging the Sub -Inspector of Police. The appellant used to collect honey. His defence was that the Police Sub -Inspector wanted the appellant to supply honey to him.