RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction dtd. 2/12/2022 and order of sentence dtd. 3/12/2022 passed by learned Sessions Judge, Lakhisarai in Sessions Trial No. 165 of 2015 corresponding to G.R. Case No. 305 of 2015 arising out of Piribazar P.S. Case No. 10 of 2015 whereby and whereunder the appellants have been convicted for the offence punishable under Sec. 307 read with 34 of the I.P.C. and have been sentenced to undergo rigorous imprisonment for ten years each along with fine of rupees ten thousand (Rs.10,000.00) each for the said offence. In case of default in payment of fine, they will further undergo rigorous imprisonment of one year each.

(2.) According to written report of informant (PW-4), the occurrence is of 24/2/2015 at near about 8:30 AM whereafter FIR was registered by Ashutosh Kumar, S.H.O. of Piribazar.

(3.) The prosecution case, as stated by the informant, in brief, is that on the fateful day i.e. 24/2/2015 at near about 8.30 AM, appellants and other reached at the gate of informant and they are said to have threatened abusingly for settling the matter in question otherwise appellants and other would kill. It is further stated that when the abuse was protested by the informant's mother, appellants and other keeping lathi, danda and khanti in their hands assaulted upon the head of informant's mother due to which she fell down. The informant came on running on hearing the noise and saved his mother. It is said to have claimed by the informant that threatening was made again and again for settling the dispute in question otherwise all would be killed.