RAMJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has been found guilty for the offence punishable under S.387 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for three years by the learned trial Court. On appeal, however, the order of conviction passed against him by the trial Court has been maintained but the sentence has been reduced from three years' rigorous imprisonment to six months' rigorous imprisonment. Hence this application.

(2.) The prosecution case, briefly stated, is that the informant had taken some loan from the petitioner, who happened to be a money lender. On the date of the occurrence i.e. on 5-8-1978 the petitioner came and asked the informant to pay the balance amount of Rs. 2800/- at once and also abused him and his family members and also threatened to kill him. The petitioner is alleged to have further said that if all the money is not paid by 6-8-1978, he would take away the eyes of the informant and also kill him.

(3.) Learned counsel has stated that entirely a false case has been instituted and further it has been stated that, as a matter of fact, the offence committed under S.387 of the I.P.C. is not made out in the facts and circumstances of the case.