BHIM MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Bhim Mahton who has been found guilty for an offence punishable under Section 394 IPC and directed to undergo R.I. for 10 years as well as also fined Rs.10,000/ -, under Section 397 IPC and sentenced to undergo R.I. for 7 years, under Section 411 IPC sentenced to undergo R.I. for 3 years as well as fined Rs.5000/ -, no separate sentence under Section 27 of the Arms Act with a further direction to run the sentences concurrently vide judgment of conviction dated 29.08.2013 and sentence dated 06.09.2013 passed by Ad hoc Additional Sessions Judge, IV t h , Begusarai in Sessions Trial No.343 of 2010 has challenged under present appeal.

(2.) PW -2, Birendera Kumar while was admitted at the clinic of Dr. Ashok Sharma (PW -8) on 15.04.2008 at about 08:00 P.M. gave his fardbeyan disclosing therein that on the same day at about 11:20 A.M. he along with his master Anjani gone to deposit cash appertaining to Rs.5,82,000/ - were intercepted by criminals who tried to snatch bag containing Rs.3,55,000/ - and having faced resistance at his end, one of them shot at a nd succeeded in snatching of bag containing Rs.3,55,000/ - and then all of them flew there from over motorcycle. He had further disclosed the physical feature of miscreants who had snatched the amount being black as well as dwarf.

(3.) WHILE keeping the investigation pending against other co -accused one Bechan Ram was apprehended who was also put on T.I. Parade and was identified whereupon charge sheet was also submitted against him and on the basis thereof, Sessions Trial No.530 of 2010 was registered. It is also evident that after ex amination of Anjani in both the sessions trial, Sessions Trial No.530 of 2010 was amalgamated with Sessions Trial No.343 of 2010 and accordingly, both the accused were prosecuted under Sessions Trial No.530 of 2010 which ultimately concluded in convicting the appellant while Bechan Ram was acquitted.