SARDAR JOGINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anurag Kashyap, learned counsel for the petitioner and Mr. Pankaj Kumar, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 31.08.1999 passed by the II Additional Sessions Judge, Hazaribagh in Criminal Appeal No. 193 of 1990 whereby and where under the appeal preferred against the judgment dated 208.1992 passed by the learned Judicial Magistrate in G. R. Case No. 2091 of 1982 convicting the petitioner for the offence punishable under Sections 419 and 420 of I.P.C. and sentencing him to undergo R.I. for 3 years has been dismissed and the judgment has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioner that neither the learned trial court nor the learned appellate court has properly appreciated the materials available on record before convicting the petitioner for the offence punishable under Sections 419 and 420 of I.P.C. It has been stated that the conviction is based on the alleged letter written by the petitioner and the same was on account of threat and coercion and such confession is not admissible in the criminal proceeding. He further submits that the Investigating officer of the case has not been examined and his non-examination has caused prejudice to the defence. Alternative argument has been put forward by the learned counsel for the petitioner that even if this court affirms the order passed by the learned trial court as well as by the learned appellate court, consideration may be made over protracted trial of the case and the period of custody already undergone by the petitioner.