KAMLESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellant and nine others were put on trial on various charges, others having been acquitted by the trial Court, appellant alone suffered conviction under Section 411 of the Indian Penal Code (IPC), for which he was sentenced to suffer rigorous imprisonment for two years.

(2.) Factual matrix--In the written report it was alleged by Sheo Sundar Singh PW 1 that when shouts were raised by him, on noticing appellant and others removing paddy bundles from khalihan of Chandrika Sao and Dukhan Baitha, appellant resorted to firing but the aim was lost. However, when appellant resorted to firing twice, Binda Baitha suffered injuries on his person. After Police case had been registered on strength of written complaint of Sheo Sunder Singh, investigation followed, in course of which Investigating Officer in process of collection of evidence recorded statement of witnesses, took steps for apprehension of the accused persons, found bundles of paddy lifted from khalihan of Chandrika Sao and Dukhan Baitha in khalihan of the appellant, and seized 400 paddy bundles from there. After charge sheet was laid before Court, trial commenced. At trial, the State examined ten witnesses including the person who set the Police in motion, the person who was the owner of the field, those two persons who had been cultivating said land, doctor, seizure list witnesses, person who took paddy bundles on Jimmanama and also the Police Officer.

(3.) Defence of the appellant both before Court below and this Court had been that of innocence and he ascribed false implication due to previous animosity, Defence, however, had not chosen to examine any witness, and the trial Court on consideration of evidences available on the record, while acquitting others, recorded finding of guilt under Section 411 IPC against appellant alone, and sentenced him in the manner stated above.