NIRMAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Nirmal Das has been convicted for an offence punishable under Sec. 307 of the I.P.C. and sentenced to undergo R.I. for six years as well as fined of Rs. 1,000.00 and in default thereof, to undergo S.I. for one and half year by the 5th Additional Sessions Judge, Banka vide judgment of conviction and sentence dated 03.02.2015 passed in connection with Sessions Trial No.158 of 2011.

(2.) PW-3, Kiran Devi (informant) filed written report on 12.10.2010 alleging inter alia that land dispute is persisting with her Gotia Nirmal Das as they are demanding passage after dismantling her house. In the aforesaid background, Panchayati had also been taken place, but they were not adamant to accept the verdict of the Panchayati and in the aforesaid background, today i.e. 12.10.2010 at about 7.00 a.m., Nirmal Das made house trespass having armed with farsa and began to abuse. He had also said that as she has not provided passage, on account thereof, she will be murdered. She resisted whereupon Nirmal Das gave farsa blow over her forehead as well as head as a result of which, she became injured. She began to cry. During midst thereof, the co-accused Ajay Das and Congress Das armed with danda came and began to assault. Her husband, who has gone to a shop situated nearby, rushed after hearing her cry along with others, intervened. Then thereafter, all the accused persons fled therefrom. She along with her husband came to P.S. and submitted written report.

(3.) After registration of the case, investigation was taken up and after completing the same, charge-sheet was submitted followed with order of cognizance and then, trial commenced and concluded in a manner, the subject matter of instant appeal.