RAGHU NONIA @ RAGHUNATH NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by 2nd Addl. Sessions Judge, Patna, in Session Trial No. 676/86. The sole appellant was convicted under Section 326, IPC and also under Section 452, IPC. He was sentenced to undergo RI for 3 years for the offence under Section 326, IPC and one year for the offence under Section 452, IPC. Both the sentences were directed to run concurrently.

(2.) The prosecution case, as developed, in the fardbeyan of Sarswati Devi (informant) was to the effect that on 22.5.1985, she was sitting with her child in her lap where suddenly appellant came and gave several chura blows upon her. The alleged occurrence took place on account of earlier quarrel between the children of the informant and the children of the accused. After assault, accused-appellant also relieved the informant of her golden earing and he took away Rs. 2000/- from attache in the room in which she was sitting.

(3.) Accused was charged under Sections 452, 307 and 380, IPC. However, he was convicted under Sections 326 and 452, IPC. He was acquitted of the charge under Section 380, IPC.