MAHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sunil Singh, learned counsel for the appellant ably assisted by Mr. Kr. Dhirendra Pratap Singh, Advocate and Mr. Satya Narain Prasad, learned Additional Public Prosecutor on behalf of the State.

(2.) THE present appeal is directed against the judgment and order dated 10th December, 2009, passed by the learned Additional Sessions Judge, F.T.C.-V, Gaya in Sessions Trial No.- 188 of 2006/ 152 of 2001 (S.J), whereby the sole appellant has been convicted for having committed an offence under section 364 of the Indian Penal Code and sentenced to undergo R.I. for eight years and to pay a fine of Rs.5,000/- and in default to undergo S.I. for a further period of six months.

(3.) ON the basis of the aforesaid information, the F.I.R. was registered against the appellant, one Arjun Paswan and four unknown accused persons and investigation was taken up. On conclusion of investigation, the Police submitted charge-sheet only against the two named accused persons. The learned Chief Judicial Magistrate, Gaya took cognizance of the offence and committed the case to the court of Sessions for trial. The trial court framed charges under sections 307 and 364 of the Indian Penal Code. In course of trial, co-accused Arjun Paswan died and thus the trial against him was dropped.