CHUNMUN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed by the appellant, Chunmun Chaudhary, against the judgment of conviction dtd. 24/2/2014 and the order of sentence dtd. 4/3/2014, passed by the Court of the learned Ad hoc Additional Sessions Judge-I, Rohtas at Sasaram, in Sessions Trial Case No. 448 of 2006 (CIS Case Code No. 02965/2013). By the said judgment, the appellant has been convicted for the offence punishable under Sec. 308 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced to undergo rigorous imprisonment for a period of three years, along with a fine of Rs.50,000.00. In default of payment of fine, the appellant has been further directed to undergo simple imprisonment for a period of six months.

(2.) The prosecution story as appearing from the FIR, in brief is as follows:

(3.) The informant, Sikander Chaudhary, recorded his fardbeyan at Bose Clinic on 5/5/2006 at 8:15 hours, describing the aforesaid prosecution story. On the basis of the fardbeyan of the informant, a formal FIR bearing Dehri Town P.S. Case No. 142 of 2006 was lodged for the offences punishable under Ss. 341, 323, 324, 307, and 504 of the IPC read with Sec. 34 of the IPC against five accused persons, including the appellant, thereby setting the criminal law in motion.