SUMANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus Curiae and Mrs. Anita Kumari Singh, learned A.P.P for the State.

(2.) This appeal has been preferred by the appellant being aggrieved and dissatisfied with the judgment of conviction, dtd. 26/12/2006 and order of sentence, dtd. 27/12/2006 passed by the learned Additional District and Sessions Judge, F.T.C. V, Aurangabad in Sessions Trial No. 270/1999 and 271/2006, arising out of Madanpur P.S. Case No. 92 of 1998, whereby and whereunder appellant/ convict has been convicted under Sec. 395 of Indian Penal Code and awarded sentence to undergo rigorous imprisonment of 10 years with a fine of rupees 5,000/-(Five thousand) in default of payment of fine, he has further been sentenced to undergo simple imprisonment for 2.5 years for the offence under Sec. 395 of the Indian Penal code.

(3.) The prosecution case as per the F.I.R is that in the night of July 25-26, 1998, at about 11:30 o'clock, while the informant was gossiping with her husband in Dalan, in the meantime, six miscreants came there and out of them, two stood outside and rest four miscreants caught the informant and her husband. They asked to open the door. When informant's husband tried to inquire, one of the miscreants assaulted him by means of brick due to which he sustained head injuries. It is further alleged that four miscreants entered into the house of informant and started taking articles. On hearing noise, when the co-villagers and agnates began to arrive there, criminals hurled a bomb which injured Satya Narayan Yadav. When the son of informant, namely, Manoj Yadav raised protest, miscreants fired upon him due to which he sustained injuries and began to cry. After hearing the noise and sound of firing when the neighbors came, miscreants fled away by taking away the articles worth rupees 15,000/-. All the injured were taken to Primacy Health Center with the help of villagers.