KARU MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal is directed against the judgment date 8.4.1992 passed by 3rd Additional Sessions Judge, Deoghar in Sessions Trial No. 10 of 1992, whereby the learned Additional Sessions Judge convicted the appellant Karu Mian for the offence under Sec.395 of the Indian Penal Code and sentenced him to undergo R.I. for a period of seven years.

(2.) THE prosecution case in brief is that in the night of 10/11th April, 1989 at about 10.45 p.m. the informant Uday Shankar Singh @ Chunna Singh, M.L.A., Sarath was returning from Dhanbad to Sarath in his car bearing No. DHB -7612 alongwith Dashrath Prasad Roy, Paresh Chandra Bhokta (PW 1), Umesh Chandra Roy (PW 2). When they reached near Village Pathaljore, (hey found that the road was blocked by putting boulders. The car was being driven by the driver Md. Moiz Khan (PW 3). The driver had to stop the car near the obstruction. As soon as the car stopped 10.12 criminals appeared on the scene and surrounded the car. Thereafter, the criminal looted away the belongings of the informant and his other companions including that of the driver. On hulla raised by the informant party several villagers assembled at the place of occurrence and then the informant and others could see and identify the appellant Karu Mian, as one of the dacoit, who had taken part in the alleged dacoity. The appellant who was identified by the informant as one of the dacoit, his name was disclosed by the villagers as Karu Mian. The FIR was lodged just after one hour of the occurrence.

(3.) THE charges were framed against the appellant under Sec.395 of the Indian Penal Code read with Sec.397 of the Indian Penal Code.