MD.ZAKIR ANSARI @ CHOTTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 02.02.96 passed by Shri Ram Nath Ram Mahto, 4th Additional Sessions Judge, Dhanbad in Sessions Trial No. 288/ 88 whereby the appellant was found guilty for the offence punishable under Section 366A of the Indian Penal Code and he was convicted and sentenced to undergo R.I for 10 years. However, two other co -accused persons, namely, Md. Salim and Mahesh Mandai have been acquitted.

(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W 2 Baidyanath Manjhi, the informant, recorded by R.K. Yadav, O.C. Tisra Police Station on 15.12.1985 at 14.30 hours at the house of the informant in village Lodna Mallah Patti, P.S. Tisra District Dhanbad regarding an occurrence which is said to have taken place at 20.30 hours on 12.12.85 at Lodna Mallah Patti aforesaid.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that no occurrence in the manner as alleged has ever taken place.