ASHARFI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction dated 16.12.2006 passed by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court ? II, Madhepura in S.T. No. 30A of 1990 by which the solitary appellant Asharfi Sharma was held guilty of committing offence under sections 147, 323/34 and 364 IPC and was directed to suffer different terms of imprisonment ranging from RI for ten years to RI for three months and was also directed to pay a fine of rupees three thousand for his specific conviction under section 364 IPC. Sentences were directed to run concurrently and in case of default of payment of fine, the appellant was to undergo RI for three more months.

(2.) THE occurrence appears taking place in the evening at 7.30 on 6.11.1988 when, as per the prosecution story contained in the written report of P.W. 1, a mob of about 40-50 persons armed with gun, lathi and farsa, etc. came at his door, tied down his hands and feet and further tied him with a khoonta and, thereafter, entered inside his house to plunder his properties. THEy were simultaneously searching for Bharat Singh (P.W. 2), who appears hiding somewhere in the corner of the premises of the house. At any rate, the father of the informant, namely, Rameshwar Singh, was captured by the criminals and he was taken away with a threat being given to the informant that if he had not produced Bharat Singh (P.W. 2), they will butcher the father of informant Jai Prakash Singh.

(3.) IN the result, the appeal succeeds and the appellant is acquitted of the charges under which he was held guilty and punished by the impugned judgment. The appellant is in custody. He shall be released forthwith if not wanted in any other case.