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2011 Supreme(Pat) 1343

Main Paswan, S/o. late Nagina Paswan – Appellant
Versus
State Of Bihar – Respondent


Advocates appeared:
For the Appellants : Shri Ajay Mishra, Amicus Curiae
For the Respondent: Shri Md. Arif, A.P.P.

JUDGMENT

Dharnidhar Jha, J.- The appellants were found guilty by the learned Presiding Officer of Fast Track Court No.I, Buxar, on conclusion of the trial of Sessions Trial No. 315 of 2006 by judgment dated 17.6.2006 of committing the offences under Sections 395 and 397 of the Indian Penal Code and after being heard on the sentence on the same day, they were directed to suffer rigorous imprisonment for seven years each under Sections 395 and 397 of the Penal Code. The appellants have brought into question the findings on the basis of which their conviction was recorded and the sentence against them was passed.

2. Undisputedly, a dacoity was committed in the house of P.W. 1, the informant of the case, in which firearms and other dangerous weapons were used as a result of which the informant and his wife were badly injured. The informant was taking his wife to Govt. Hospital, Buxar for treatment on 4.6.2006 when he met P.W. 4 S.I. Sakaldeo Paswan who enquired from the informant about the reasons of his and his wife being injured and on being told that it was on account of being assaulted by the dacoits and further that he had two dacoits in his custody along with the recovered booties








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