SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellants, on account thereof, Sri Baban Ray, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Appellants Shankar Singh, Jagropan Singh, Prabhu Singh, Mahendra Singh, Bhorik Singh, Lorik Singh, Hari Singh, Shiv Parsan Singh @ Shiv Prasan Singh, Jamuna Singh and Ram Bilas Singh have been found guilty for an offence punishable under Section 379 of the I.P.C. and each one has been sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo R.I. for six months, additionally, under Section 504 of the I.P.C. and sentenced to undergo R.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 21.01.2009 passed by the Additional Sessions Judge, Fast Track Court No.1st, Kaimur at Bhabua in Sessions Trial No.156 of 2005.

(3.) Somaru Singh (PW-5) filed written report on 19.11.2001, divulging the fact that his land lies half kilometer away from his village-Semara, which has been settled by the D.C.L.R., Bhabua bearing Khata No.143, Khesra No.769, area four acre and Plot No.1294 area 01 acre. Then had disclosed that aforesaid land happens to be his Khatiyani land. Then had narrated that he had planted paddy in the aforesaid plot, which was ready for harvesting. On 05.11.2001, his co-villagers, Hari Singh, Prabhu Singh, Mahendra Singh, Shankar Singh, Jamuna Singh, Bhorik Singh, Lorik Singh, Ram Bilas Singh, Shiv Parsan Singh @ Shiv Prasan Singh, Jagropan Singh began to harvest, whereupon he along with co-villagers Ramdahin Yadav, Dina Singh, Ram Lal Singh, Sardar Singh, have gone and protested over the illegal activities of the accused, who were engaged in carrying the bundles of harvested paddy to their house. Accused persons abused and further, threatened of dire consequences. Out of fear, he returned back to his house. In the night, while they were asleep, Hari Singh came at 2.00 A.M. at his house, abused and then thereafter, Hari Singh took out match box and set ablaze kitchen as a result of which, paddy one quintal, one cot along with other articles turned to ashes. On the next day, while he was in a way to police station, accused persons threatened of dire consequence. Accordingly, delay has been caused in filing of the written report.