KEDAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 16.12.2014 and order of sentence dated 20.12.2014 passed by the 3rd Additional Sessions Judge, Barh, Patna in Sessions Trial No.360 of 2009, appellant Kedar Prasad has been found guilty for an offence punishable under Section 323 I.P.C. and sentenced to undergo R.I. for six months, under Section 450 I.P.C. and sentenced to undergo R.I. for two years as well as slapped with fine appertaining to Rs.1,000/- and in default thereof, to undergo R.I. for three months, under Section 307 I.P.C. to undergo R.I. for four years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo R.I. for six months with a further direction to run the sentences concurrently, while appellant Dilip Kumar @ Lallu has been found guilty for an offence punishable under Section 324 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 379 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 450 I.P.C. and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo R.I. for three months, under Section 307 I.P.C. and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.2,000/-, in default thereof, to undergo R.I. for six months with a further direction to run the sentences concurrently.

(2.) Pw-1 Bandana Rani filed written report on 22.12.2006 alleging inter alia that on the same day at about 11.00 a.m. while she along with her mother Fula Devi was present inside her house, her father and brother were working in a field near about her house, her co-villager Sonu Kumar @ Dipak, son of Raman Prasad, Dilip @ Lallu Kumar, son of Kedar Prasad and Kedar Prasad, son of Bhoju Mahto made house trespass, whereupon she inquired during course thereof, Sonu and Lallu came to her, out of whom Lallu caught hold her hand and Sonu gave Chhura blow over her left wrist, left shoulder as well as over left side of face. On hue and cry raised by her, all the three escaped and during course thereof, Lallu @ Dilip snatched away golden chain appertaining to Rs.5,000/-.

(3.) After registration of Barh (Athmalgola) P. S. Case No.496 of 2006, investigation was taken up and after concluding the same, chargesheet was submitted facilitating the trial in a manner, the subject matter of instant appeal.