ARJUN PARAHIYA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This application is directed against the Judgment and order of conviction and sentence dated 07.10.1999 passed by the learned 7th Additional Sessions Judge, Palamau at Daltonganj, in Cr. Appeal No. 83 of 1997 whereby and where under the appeal preferred by the petitioner against the Judgment and order of conviction and sentence dated 29.05.1997 passed by the learned Chief Judicial Magistrate, Garhwa in G.R. Case No. 697 of 1995 convicting the petitioner for the offence punishable u/s 394 of the I.P.C. and sentencing him to undergo R.I. for three years have been affirmed.

(3.) It has been submitted by the learned counsel for the petitioner that there are vital contradiction in the statement of the prosecution witnesses with respect to the identification of the petitioner. It has been submitted that P.W.-1, 2, 3 and 4 are supposedly the eye witnesses to the occurrence. Learned counsel submits that the Investigating Officer of the case has not been examined. Learned counsel submits that there is no independent witness produced by the prosecution in support of its case. Learned counsel further submits that the petitioner has been implicated merely on a previous issue that there was some altercation with respect to demand of money which ultimately led to the institution of the case. It has been submitted that the petitioner has remained in custody for a period of 1 year and 7 months.