SIYA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Siya Ram Singh and Sushil Singh have been found guilty for an offence punishable under Section 307 of the I.P.C. and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, to undergo R.I. for one year. Sushil Singh, under Section 323 of the I.P.C. and sentenced to undergo S.I. for six months as well as to pay fine appertaining to Rs.500/- and default thereof, to undergo S.I. for one month, additionally. Siya Ram Singh, under Section 324 of the 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 S.I. for three months vide judgment of conviction dated 16.04.2015 and order of sentence dated 20.04.2015 passed by the Additional Sessions Judge, Rosera, Samastipur in Sessions Trial No.145 of 2010.

(2.) Pw-5 Dipu Kumar Singh while he along with his brother was admitted at P.H.C. Singhia gave his fard-bayan on 26.10.2008 at about 11.00 a.m. disclosing therein that on the same day at about 8.30 a.m. his brother Lalan Kumar Singh after giving tuition, gone to backward of his house where Siya Ram Singh, Sushil Singh/ these appellants had kept cut caster plant and requested them to remove the same as a result of which, it has been alleged that appellant Sushil Singh took out pistol and gave a butt blow over Lalan Kumar Singh causing injury thereupon. When he (informant) rushed in rescue, Siya Ram Singh gave farsa blow over his head causing injury thereupon. Then thereafter, Siya Ram Singh snatched away golden chain of Rs.10, 000/- as well as also took away Rs.11, 00/-. Then thereafter, both the brothers left the scene abusing whole family members.

(3.) After registration of Singhia P.S. Case No.105 of 2008, investigation was taken up and after completing the same, chargesheet was submitted, which happens to be the basis for trial meeting with ultimate result, subject matter of instant appeal.