MAKUN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated the 30th of November, 1998 by which appellant Makun Sah was held guilty of committing offence under Section 307 of the Indian Penal Code whereas appellant Mangal Sah was convicted of committing offence under Section 307/34 of the Indian Penal Code. The two appellants were heard on sentence on 01.12.1998 and each of them was directed to suffer rigorous imprisonment for seven years for their respective conviction. It is the joint appeal by the two appellants to challenge the judgment of conviction and order of sentence passed against them.

(2.) THE facts of the case are narrated in Ext. 3, the Fardbeyan of P.W. 10 Indu Devi. It was recorded while the lady was hospitalized in M.J.K. Hospital, Bettiah on 14.03.1997. It was stated by P.W. 10 that in the last Shravan -month she had been assaulted by Thag Sah and others and she had filed a case which was pending in any Court in Bettiah. The accused persons were pressurizing her and were also threatening her to compromise the case and in that connection they had entered inside her house and had again asked her to withdraw the case, else, the consequences were not be good. The informant P.W. 10 stated to them that she will compromise the case after Holi in that year.

(3.) IT appears that on the basis of Ext. 3 the First Information Report of the case Ext. 2 was drawn up and the investigation was taken up by P.W. 2, Sub -Inspector Rajiv Choudhary who, on the relevant date, was posted as Sub -Inspector of Police in Bairia Police Station. He took up the investigation on 19.03.1997 after institution of the case and came to inspect the place of occurrence and after examining the witnesses and procuring the medical report Ext. 1 submitted charge -sheet for the trial of the two appellants.