- (1.) In this statutory appeal the appellant challenged his order of conviction under Section 397 of the Indian Penal Code and sentence of Rigorous Imprisonment for seven years. It may be noted in the trial, beside the present appellant, four others were also charged for the self-same offence together with the present appellant but all of them were acquitted.
(2.) The prosecution case in brief are as follows; That on June 17th, 2003 at about 8 p.m. while a bus full of passengers was proceeding towards Sahararhat just after crossing of Dostipur More and reached near cremation ground situated at Mansarhat, a group of miscreants who were sitting inside the bus in the guise of passengers brought out fire arms and other weapons and at the point of such weapons forced the driver to stop the bus and to put off the light. The said miscreants then started looting away valuable articles from the passengers on the point of fire arms and weapons they were carrying, and being attracted by the hue and cry of the passengers, the local villagers rushed to the spot and surrounded the bus and apprehended three miscreants while others fled away. Out of the said three miscreants apprehended by the mob, two were done to death and one was handed over to the police.
(3.) During the trial the prosecution in order to prove its case examined as many as 13 witnesses while two others were examined as Court witnesses.;