SANJAY KUMAR SINHA @ BABLOO Vs. STATE OF BIHAR

JUDGEMENT

(1.) NO one appears on repeated calls and in spite of sending words and the peon for informing the counsel whose names appear in the list, no one turned up. I have heard Sri Sujit Kumar Singh, learned Additional Public Prosecutor and have perused the record myself for delivering the judgment.

(2.) THE two appellants were put on trial by being charged with committing offences under Sections 307 and 450 IPC and by judgment of conviction and order of sentence both dated 18.0.2.2002 they were held guilty of committing offences under Sections 307 and 448 IPC and each of them was directed to suffer rigorous imprisonment for three years as also to pay a fine of Rs.1,000/ - each under Section 307 IPC and in case of making default in paying the fine, was directed further to undergo rigorous imprisonment for six months each. Each of the two appellants was also directed to suffer rigorous imprisonment for six months on account of being convicted under Section 448 IPC.

(3.) P .W.7 Bhuneshwar Rai was working as Accounts Clerk in the Building Division, Vaishali at Hajipur on 19.05.1988. He filed a written report (Ext -1) stating that while he was working in his office, the two appellants came to him and asked him to produce the two files in respect of M/S Trishul Construction and contractor Ratan Kumar. The informant stated that the two files were lying with the Estimates Officer of the department upon which he was asked by the appellants to bring those files from there. The informant refused by pointing out that it was none of his business, upon which the two appellants started abusing and also started assaulting him with fists and slaps. The two appellants caught the neck of the informant and put him down on the ground and kicked him around, as a result of which, he lost his consciousness. The employees of the office came and revived his consciousness. It was stated by the informant that on account of pressing of his neck and assault given to him, there was some injury on his throat and his hearing had also been impeared. It was lastly stated by P.W.7 that while he was leaving the office the two appellants gave threats to him. On the basis of the written report of P.W.7, FIR of the case was drawn up and the investigation was taken up which ultimately resulted into submission of the charge -sheet under Sections 307 and 448 IPC.