RAM NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS , Ram Naresh Singh, Ramanand Singh who have been found guilty for an offence punishable under Section 365 of the IPC and sentenced to undergo R.I. for a year vide judgment dated 15.04.1998 passed by First Assistant Sessions Judge, Begusarai in Sessions Trial No.118 of 1984 found concurred vide judgment dated 24.08.2002 passed by IVth Additional Sessions Judge, Begusarai in Cr. Appeal No.45 of 1998 have challenged the successive finding under present revision petition.

(2.) SHIV Ganga Devi (PW -1) gave her fardbeyan on 13-11-1982 at about 07:30 A.M. at her residence disclosing therein that in the preceding night while she along with her Gotani Mosmat Kunti Devi and Bhagina Ram Shankar Singh was gossiping in a room, all of a sudden her Pattidar, Ram Kumar Singh came at her Varandah at about midnight and disclosed that Sadhu Baba is taking out husk over which she came out from the room and had seen him armed with pistol accompanied by Chano Singh, Ram Kishore Singh, Ram Naresh Singh, Rama Nand Singh. Ram Kishore Singh armed with pistol, Ram Naresh Singh and Rama Nand Singh were armed with lathi and Chano Singh was armed with Bhala. Two unknown persons were also accompanying them. Jamuna Devi, mother of Ram Kumar Singh was also there. Thereafter, Ram Kumar Singh caught hold her, threw her on ground and assaulted her with barrel of pistol while Chano Singh assaulted her as well as Kunti Devi with Lathi. Both of them raised an alarm. Thereafter, Ram Naresh Singh, Rama Nand Singh and Ram Kumar Singh gone inside room out of whom Ram Naresh Singh lifted her son Dhruv Kumar aged about 11 years while Rama Nand Singh lifted Prahlad Singh. Ram Naresh Singh also took away the articles from a box. At that very time, the unknown criminals were forbidding them to enter inside the room. Thereafter, both of accused took away her both sons as well as the articles. At the time of fleeing they were locked in a room.

(3.) ON the basis of the aforesaid, fardbeyan Matihani P.S. Case No.99 of 1982 was registered and subsequently thereof charge sheet was submitted after completing the investigation whereupon the trial commenced and concluded in a manner, the subject matter of instant revision petition.