ANIL KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, namely, Anil Kumar Sah was tried in Sessions Case No.227 of 2001/54 of 1992 after being charged with committing offences under Sections 307 and 452 IPC and by judgment dated 13.08.2002 was held guilty of committing the two offences. The appellant was heard on sentence on the same day and was directed to suffer rigorous imprisonment for eight years on account of found guilty of committing the offence under Section 307 IPC. The learned trial Court did not pass any substantive sentence in respect of the appellant having been committed offence under Section 452 IPC. The appellant challenges the judgment of conviction and order of sentence before this Court through the present appeal.

(2.) SOME facts are admitted. The informant had a house with other establishment on a particular piece of land and the survey records in respect of that piece of land appears existing in the name of the present appellant. It does not also appear much in dispute that the appellant was being requested by the informant P.W.1 to create documents in his favour as regards the title in respect of that particular land. Undisputedly, there was a Panchayati convened for the above purpose and it appears that nothing came out of that Panchayati and another undisputed fact was that for the same property and the dispute which appears arising there from some civil litigations were also taken out by the informant and that was pending before a competent civil court.

(3.) IT was alleged that while retreating, the appellant held a threat saying that if he ever agitated the issue of the land, he would be killed.