ANGAD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed against the judgment of conviction and order of sentence dtd. 25/11/2019 passed by learned Additional District and Sessions Judge-III, Naugachia (Bhagalpur) in Sessions Trial Case No. 277 of 2017 (G.R. No. 898 of 2015) arising out of Kharik P.S. Case No. 169 of 2015, registered for the offences punishable under Ss. 341, 448, 323, 307, 379, 504 and 506 read with Sec. 34 of the Indian Penal Code (in short IPC), whereby and whereunder the appellant No. 1 namely, Angad Kumar has been held guilty for the offence punishable under Sec. 341 of IPC and the appellant Nos. 2 and 3 namely, Gautam Kumar and Gaurav Kumar have been held guilty for the offence punishable under Sec. 323 of IPC and the appellants have been given the benefit of the provisions of Sec. 3 of the Probation of Offenders Act, hence their sentence has been directed to be suspended and they have been released from custody after due admonition, however, the trial court held the appellants liable and directed to pay compensation of an amount of Rs.5,000.00 ( Five thousand rupees) each to both the victims namely, Chhotu Sah (P.W. 4) and Muneshwar Sah (P.W. 7) in the light of provisions of Sec. 5 of the Probation of Offenders Act, 1958.

(2.) The substance of the prosecution's case is as follows:- As per prosecution's case, on 11/8/2015 at about 8:00 P.M., the informant was resting in the courtyard of her house, then all of a sudden the appellants, other named accused and two unknown persons came there and started abusing and assaulting the informant and they also pulled her with an ulterior motive and took her near the door and thereafter, snatched away her gold chain from her neck. In the meantime, the informant's next door neighbour Muneshwar Kumar @ Munna came running to rescue her but as per the allegation, the appellants namely Gautam Kumar and Gaurav Kumar assaulted on the head of the said Muneshwar Kumar @ Munna with an iron-rod, owing of that assault he fell down and lost his sense, thereafter the victim Muneshwar Kumar @ Munna was taken to nearby police station at Kharik in an unconscious condition from where he was referred to Mayaganj Hospital at Bhagalpur for better treatment.

(3.) With the above allegations, the informant filed written application (Ext - 1) at Kharik police station, on that basis, the formal FIR Kharik P.S. Case No. 169 of 2015 was registered for the offences under Ss. 341, 448, 323, 307, 379, 504, 506 read with Sec. 34 of IPC which set the criminal law in motion.