SHIV KUMAR PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant has been convicted under Ss. 395 and 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each and further to pay a fine of Rs. 2,000/ - each and in case of default to undergo rigorous imprisonment for one year.

(3.) The prosecution case, as alleged in the First Information Report by the informant Krishna Nand Jha, aged about 70 years is that on the last night i.e. on 03.10.2011 after taking dinner at 10:00 P.M. he slept at the upper floor of his house. His son, namely, Raman Kumar Jha @ Lal Jha (P.W.4) and his wife Mamta Devi were sleeping at the ground floor, whereas his younger brother Radha Govind Jha was sleeping at the front of house. It is alleged that at about 12:30 hours, 10 -12 miscreants came and they took his younger brother in their possession and after knocking the door, it was opened by his son, three miscreants entered into his house and tied the hand of his son by his shirt. It is further stated that two miscreants were at the door of room and six miscreants were at road started watching. On the voice of his son, when informant came down he was pushed by the miscreants to force to enter into the room and given threatening. After opening the wooden almirah miscreants had taken Rs. 6,000/ -, two golden rings, three pair silver Payal and other articles. Miscreants had also taken mobiles of his son and daughter -in -law which were numbered as SIM Nos. 8877675144, 9931397244 and 8051624137 and miscreants further searched revolver and key of almirah. In the meantime, informant, his son Raman Kumar Jha and his younger brother Radha Govind Jha fled away from there and they started shouting at the roof of their house and they had also thrown stones. Further the descriptions of the miscreants were given as stated that they were aged between 25 to 30 years. On hulla, the villagers also woke up and upon which miscreants had attacked to them by explosion of six bombs and Bulo Jha and others sustained injury. Thereafter, miscreants fled away from there, but they were chased by and during that course informant found his younger brother in injured position. Lastly, it was claimed by the informant that he will identify the miscreants, who were speaking Maithili and Khari language and had not hidden their face.