DINESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus Curiae on behalf of the appellants and Mr. B.M.P. Sinha, learned A.P.P for the State.

(2.) This appeal has been preferred by the appellant Dinesh Prasad, being aggrieved and dissatisfied with the judgment of conviction, dtd. 23/12/2005 and order of sentence, dated 24th of December, 2005 passed by the learned Additional District and Sessions Judge, (F.T.C. V), Arrah in Sessions Trial No. 123/1994, arising out of Arrah (Town) P.S. Case No. 329 of 1992, whereby and where-under appellant is convicted under Ss. 341 and 307 of Indian Penal Code and awarded sentence to undergo simple imprisonment for 1 month for the offence punishable u/s 341 of Indian Penal Code and rigorous imprisonment of 10 years and to pay a fine of Rs.3,000.00 and in default of payment of fine he shall further undergo simple imprisonment for one year for the offence punishable u/s 307 of Indian Penal Code. However, all the sentence have been ordered to run concurrently.

(3.) According to prosecution case, on 17th day of December, 1992, at about 11 A.M., the informant's younger brother Sunil Kumar went to demand the rupees, which the accused had borrowed from him two years back, at his ornament shop, situated near Bari Masjid. When he reached at the shop, accused Dinesh Prasad refused to pay the money and started abusing and exchange of words was going on then one Vijay Kumar Srivastava informed the informant about the occurrence between them. Then, the informant went running there and he saw that accused Dinesh Prasad assaulted his brother with iron rod. He sustained injury and fell down and the elder son of Dinesh Prasad assulted him with lathi. Seeing the marpit, the informant raised alarm. Several people of vicinity assembled there. Elder son of accused took out the gold chain from the neck and Rs.350.00 from pocket and escaped from there.