SAJJAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Sajjan Rai has been convicted under Section 395 of the Indian Penal Code by judgment dated 31.07.2017, passed by the learned 12th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 329 of 2004, arising out of Gayghat P.S. Case No. 53 of 2003, and by order dated 04.08.2017, he has been sentenced to undergo rigorous imprisonment for 10 years, to pay a fine of Rs. 10, 000/- and in default of payment of fine, to further suffer rigorous imprisonment for 6 months.

(2.) A burglary had taken place in the house of the informant/Ram Chandra Thakur (P.W. 3) .

(3.) The informant/Ram Chandra Thakur (P.W. 3) has alleged in his First Information Report that while he was sleeping in his house along with the family members in the night of 25.04.2003, he heard wailing sound from the neighbouring house. In the meantime, about 8 10 miscreants armed, with torch and bag came to his house also.