AARSI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants have preferred this appeal against their conviction for the offence under Sections 436, 323 and 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years for offence under Section 436 and three months each for remaining two offences. However, the sentences are to run concurrently as awarded on 01st May, 2002 by learned 4th Additional Sessions Judge, Khagaria in Sessions Trial no 223 of 2989 arising out of Chautham (Mansi) P.S. Case no. 125 of 1987.

(2.) PROSECUTION has come out with the case based on the fardbayan (Exhibit -2) of the informant, P.W.5, Rajendra Sao, recorded on 18th December, 1987 by P.W.6 at about 9.00 A.M at the place of occurrence that in the previous evening at his source of livelihood a shop of sweets and tea at about 8.00 P.M. the two appellants arrived, initially terrorized by firing at nearby betel shop and thereafter complaining about the alleged allegations leveled by him against them of keeping some money against eatables. Dragged him to the betel shop, assaulted and thereafter put the shot under fire causing damage of the articles kept worth rupees five to six thousand. Informant kept himself concealed whole night at safe place and thereafter came to lodge the case at Police Station.

(3.) HAVING regard to the facts and circumstances, it is evident that prosecution is full of contradictions and based on the materials, discussed above, conviction and sentence of the appellants cannot be said justified. Accordingly, it is set aside. Appeal is hereby allowed and appellants are set free from the liabilities of the bail bonds furnished on their behalf.