SHAHEBJAN MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant above named is directed against the impugned judgment and order dated 28.4.1994 and 29.4.1994 respectively passed in Sessions case No. 14 of 1990 by Shri Dinesh Narain Pathak, 6th Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 412 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years. However, this appellant along with co -accused Jatan Hembram were acquitted for the offence under Sections 394 and 397 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 1 Shashi Giri, the driver of truck bearing Registration No. BPR -9331, recorded by S.I. Jagarnath Mishra of Gopikander PS on 21.1.1988 at 21.00 hours on the bridge of Dumka -Amarapara Road in front of village -Gamaharia regarding the occurrence which is said to have taken place thereon that very day at 12.45 hours.

(3.) IN course of investigation, the appellant was apprehended and he produced government currency notes worth Rs. 140/ - before the I.O. as per Ext. 5 and he was booked in this case.