RAM LALA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Ram Lala Singh and Deepak Kumar have been found guilty for an offence punishable under Section 307 of the IPC and sentenced to undergo S.I. for seven years as well as to pay fine appertaining to rupees five thousand in default thereof, to undergo S.I. for two months, additionally, under Section 379 of the IPC and sentence to undergo S.I. for two years, while appellant Deepak Kumar independently has been sentenced to undergo S.I. for one year under Section 354 of the IPC and S.I. for two years under Section 27 of the Arms Act with a further direction to run the sentences concurrently vide judgment of conviction dated 26.11.2014 and order of sentence dated 28.11.2014 passed by Seventh Additional District & Sessions Judge, Begusarai in Sessions Trial No.360/2009.

(2.) Pw.5, Shashikant Singh filed written report on 19.09.2008 alleging inter alia that on the same day at about 06:00 Patna High Court CR. APP (SJ) No.2 of 2015 dt.28-11-2017 2. PM while his father Manikant Singh was sitting at his Darwaja, Deepak Kumar and Ram Lala Singh both came in intoxicated condition and attempted to house trespass which was resisted by his father as a result of which, both of them began to abuse. During course thereof, Ram Lala Singh gave sword blow which caused injury over upper portion of left elbow. Blood oozen out. His mother came in rescue who was assaulted by Deepak Kumar. Then thereafter, Ram Lala Singh and Deepak Kumar made house trespass, dismantled articles as well as also took away rupees ten thousand, ornaments from a box. When he rushed, Deepak Kumar took out pistol and fired at him, fortunately he saved. At that very moment Ram Lala Singh and Deepak Kumar threatened that in case you go to Police Station and institute a case, then in that event, he along with his family will be given a lesson. It has also been disclosed that few days ago he sold away straw appertaining to rupees sixteen thousand to Ram Lala Singh which was due. Ram Lala Singh, has disclosed that aforesaid amount has been digested against rangdari.

(3.) On the basis of the aforesaid written report Begusarai Muffasil P.S. Case No.243/2008 was registered followed with an investigation as well as submission of charge sheet paving way for trial which met with ultimate result, subject matter of instant appeal.