PAPPU SINGH AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above three petitioners are sons of Dani Singh and they have filed this revision application against the judgment dated 5.10.2001 passed by 1st Additional Sessions Judge, Nawada in Cri. Appeal No. 113/9 of 1998/1999 confirming the judgment of conviction and reducing the period of sentence passed by Judicial Magistrates 1st Class, Nawada in G.R.Case No. 440 of 1996/Tr. No. 476 of 1998 on 17.9.1998 whereby the petitioners were found guilty under Sections 457 and 380 of the Indian Penal Code and were convicted and sentenced to undergo rigorous imprisonment for two years- and one years each respectively under each count. However, the sentences were ordered to run concurrently. The appellate Court modified the sentence under both counts for six months each. The sentences were ordered to run concurrently.

(2.) Narhat P.S. Case No. 23 of 1996 was registered with regard to an occurrence of 23/ 24th March, 1996 under Sections 457 and 380 of the Indian Penai Code in connection of theft in the house of informant Ram Ratan Prasad Singh. The informant identified the accused persons. The matter was investigated into and after completion of investigation, charge-sheet was submitted under Sections 457 and 380 of the Indian Penal Code. Cognizance was taken and thereafter trial proceeded after framing of charges.

(3.) The defence of the accused persons was that they are neighbours of the informant and they have been falsely implicated on account of previous enmity.