SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Sections 452 and 323 of the Indian Penal Code. He was sentenced to undergo R.I. for two years underSection 452 IPC and R.I. for six months under Section 323 IPC. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case, as disclosed from the fardbeyan of the informant, is that in the night of 21.4.85. the informant was sleeping at his house along with the members of his family. He heard the alarm raised by the ladies of the house. The informant woke up after hearing the alarm raised by the ladies of the house. It has been submitted that the mother of the informant, Roshna Devi was sleeping at Waranda and one miscreant assaulted her and she cried out and, thereafter, she became unconscious. The informant was having a torch in his hand at that time. He flashed his torch and saw that there were four miscreants who had entered his house. It has been submitted that he identified among them accused Surendra Singh in the light of his torch who was the resident of the village of informant. He could not identify the other three miscreants who had accompanied the accused Surendra Singh. The informant and his uncle Ram Nath Manjhi chased the criminals but they ran away, and thus, they could not be apprehended. It has been submitted that when the alleged miscreants were running away, the informant used to flash his torch, and, thus, he fully identified the accused Surendra Singh among the four miscreants who were running away from the house of the informant. It has further been stated that the brother of the informant had sent about 1,000.00 rupees through money order to the informant. It has been alleged that the accused Surendra along with other three unknown miscreants had come to the house of informant with a view to steal the money but the members of the family of informant woke up and the alleged miscreants could not commit theft of the money and they assaulted the mother of the informant with lathi and fled away. The fardbeyan of the informant was recorded by the S.I. Bhagwan Bazar Police Station within the district of Saran on 22.4.85 at about 2 p.m. jn the Sadar Hospital at Chapra where mother of the informant was admitted for her treatment.

(3.) THE appellant pleaded not guilty and has stated that he has falsely been implicated in this case due to enmity.