NANUMAN KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was convicted under Section 457, I. P. C. as also under Section 380, I. P. C by the Court of Sri R. . Rai. Judicial Magistrate, 1st Class, Giridih. He was sentenced to undergo rigorous imprisonment for 8 years under Section 457, I. P. C. and one year rigorous Imprisonment under Section 380, I. P. C.

(2.) He then filed an appeal against this conviction and sentence aforementioned, which was beard and decided by Smt. Shakuntala Sinha. 2nd Addl. Sessions Judge, Giridih. While maintaining the conviction of the petitioner by the trial court for the aforesaid offences, the learned lower, appellate court, modified the sentence under Section 457. I. P. C. by reducing it from three years to one year. Against the said order, the petitioner has come up in revision before this Court.

(3.) The prosecution case against the petitioner is that between the night of 15th ard 16th June. 1914, at about 11 p m. while the informant, Jodhn Mabto was sleeping in his 'Aangan', he heard some sound and got up. He saw that some thieves were removing his paddy. He tried to catch the thieves, but two, out of three of them, succeeded in running away and one of them was caught hold by the informant. He was identified in the light of the lantern and turned out to be the petitioner, Nunuman Kahar. The informant raised 'Hulla' and on hearing the same other persons also arrived there The informant along with his son went to the police station and lodged the F.I R. After registration of the case, the petitioner was alleged to have been arrested by the police next morning from the house of the informant.