NAGENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dated 05.05.2016 passed by 8th Additional District and Sessions Judge, Muzaffarpur in Sessions Trial No. 100 of 2007, arising out of Kanti P.S. Case No. 14 of 2006, whereby while acquitting the appellant from the charge under Section 307/34 of the Indian Penal Code, the learned Trial Court has convicted him for the offences under Sections 323, 447 and 341 of the Indian Penal Code. The appellant has been convicted for 1 (one) month S.I. for the offence under Section 341 and three (3) months S.I. for the offence under Section 447 of the Indian Penal Code. The appellant has been further convicted for one (1) year for the offence under Section 323 of the Indian Penal Code with a fine of Rs. 2000/ - each.

(2.) The prosecution case, as made out by the informant Surendra Paswan (P.W.5), dated 17.01.2006, recorded by a Police Officer in Sadar Hospital at Bed No. 12, in short, is as follows; the informant stated that on 06.01.2006 at 7.30 hours, he was sitting at his door, in the meantime, all the accused persons came and threatened him to withdraw the case otherwise he would be killed. When the informant protested, co -accused Nirmala Devi caught him and Harendra Paswan assaulted him by Garansa. When his son and wife came to rescue him, then they were also assaulted by the accused persons.

(3.) On the basis of fardbeyan of the informant, Kanti P.S. Case No. 14 of 2006 was registered under Sections 323, 447, 341, 324 and 307/34 of the Indian Penal Code.