MOHAN KAPRI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal arises against the judgment dated 19/06/1998 passed by the 1st Additional Sessions Judge, Dumka in Sessions Trial No. 130/1997 whereby and whereundcr the learned Additional Sessions Judge convicted this appellant for the offence under Section 395 IPC and sentenced him to undergo R.I. for a period of 10 years. The other two accused, who were tried with the present appellant were however acquitted from the charges by the same judgment.

(2.) IN short the prosecution case is that on 19/10/1996 at about 5.15 A.M. PW - 1 Shiv Shankar Pd. Singh lodged a First Information Report before Hansdiha Police Station stating therein that on that day at about 3.15 A.M. he was on duty in a running bus bearing Registration No. BR 20 -P -0061 and he was having his licensee double Barrel Gun with him. He alleged that he changed the bus bearing registration No. BR 17 P - 6261 and he found that there was rush in the said bus and he did not find any seat for his own and, therefore, was standing in the bus. The said bus was coming from Bokaro and was going to Bhagalpur. When the said bus reached near Kurmahal, Mukesh Singh and four other persons surrounded the informant at the point of pistol and asked him to handover his gun, failing which they would shoot him. They also forcibly took his gun. Two accused persons asked the driver to stop the vehicle after threatening him and then it is said that they started looting the passengers of the said bus.

(3.) IN all six prosecution witnesses were examined during the trial. It appears that PW -1 i.e. the informant, PW -2 Devendra Kapri and PW -3 Katki Mahto were declared hostile by the prosecution, whereas PW -4 Niranjan Kumar Kapri was tendered for cross -examination. PW -5 is Mr. G.K. Rai, Judicial Magistrate, who held T.I. parade on 05/12/1996 and PW -6 is the Investigating Officer.