ABBAS MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 395, IPC and sentenced rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to suffer simple imprisonment for one month, vide judgment dated 10th June, 1999, and order of sentence dated 14th June, 1999, in S.T. No. 46/97 rendered by Sri D.N. Upadhyay, 1st Addl. Sessions Judge, Giridih.

(2.) Briefly stated, the prosecution case as made out in the fardbeyan (Ext. 4) is as under :

(3.) The main defence of the appellant is of innocence, denial of his participation in the occurrence and false implication due to previous enmity.