KAUSHLENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Kaushlendra Prasad Singh and Lakshman Prasad Singh have been found guilty for an offence punishable under Sections 143, 323, 420 of the I.P.C. as well as Sections 3(i) (iii) , 3(x) ought to have been 3(1) (x) , 3(1) (xi) , 3(1) (viii) of the S.C./S.T. (Prevention of Atrocities) Act and have been directed to undergo R.I. for three years six months, for an offence punishable under Section 420 of the I.P.C., sentenced to undergo S.I. for six months for an offence punishable under Section 323 of the I.P.C., sentenced to undergo S.I. for three months, for an offence punishable under Section 143 of the I.P.C., sentenced to undergo R.I. for three years, for the offences punishable under Section 3(i) (iii) , 3(i) (x) , 3(1) (xi) , 3(1) (viii) of the S.C./ S.T. (Prevention of Atrocities) Act and also fined of Rs.25, 000/- each and in default thereof, to undergo S.I. for three months, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 26.06.2015 and order of sentence dated 27.06.2015 passed by the 1st Additional Sessions Judge-cum-Special Judge, S.C./ S.T. Act, Khagaria in Sessions Trial No.477 of 2010 while acquitting the remaining accused.

(2.) Pw-1, Kusheshwar Paswan filed written report before Officer-in-Charge, S.C./ S.T. Police Station Begusarai on 27.05.2008 disclosing the fact that he happens to be a Teacher. He had procured personal loan of Rs.2, 00, 000/- to facilitate marriage of his daughter, but could not search out the matching bride-groom, whereupon he requested Kaushlendra Prasad Singh to help in getting the marriage of his daughter settled in the background of long standing acquaintance. It has further been disclosed that he (Kaushlendra Prasad Singh) got information regarding borrowing of loan from the department by him. Then, it has been disclosed that on 26.01.2007, Kaushlendra Prasad Singh, Lakshman Prasad Singh, Munna Prasad Singh sons of Prabhakar Prasad Singh, resident of village-Bandehra, P.S. Pasraha, District-Khagaria came at his house at about 1.00 p.m. out of whom, Kaushlendra Prasad Singh had disclosed that he is under urgent need of Rs.2, 00, 000/- and further, as he knew regarding his establishment a medicine shop, fertilizer shop, STD Booth running in name of Arun Prabha. Furthermore, he assured that as soon as marriage of his daughter is being fixed, he will repay the amount in one instalment. Even in case of non-settlement of the marriage, he will return back the amount by August, 2007. Furthermore, Laxman Prasad Singh, Munna Prasad Singh assured that his brother would not misappropriate the aforesaid amount. As soon as marriage of his daughter is settled, he will return the whole amount. Because of the fact that he was carrying good repo with the parents of Kaushlendra Prasad Singh as well as Kaushlendra Prasad Singh himself on account thereof, considering the urgent need of money as well as putting belief upon his assurance, he had handed over Rs.2, 00, 000/- to Kaushlendra Prasad Singh, which was handed to Lakshman Prasad Singh by Kaushlendra Prasad Singh. At that very time, his wife Chandra Devi was also present. All the three brothers left the place after saying that tomorrow on 27.01.2007, he should come with the stamp paper, so that they would execute an agreement in presence of respectable persons including Mukhiya and Sarpanch and will hand over the same. (enclosed herewith) In the 1st week of September, 2007, he had gone to the house of Kaushlendra Prasad Singh and reminded him that the time within which he had assured to return back the amount has expired, over which he had stated that for the present, they are facing some sort of unfavourable situation, whereupon he could not be able to refund the money, but anyhow he will return back the amount by 15th October, 2007. When the aforesaid time also failed, then he along with his wife Chandra Devi gone to demand, but did not get and in the aforesaid background, they made repeated demand, but Kaushlendra Prasad Singh had adopted dilly delaying tactics and delayed the payment.

(3.) After registration of Begusarai S.C./ S.T. P.S. Case No.112 of 2008, investigation commenced and after concluding the same, chargesheet was submitted, whereupon trial commenced and concluded in a manner, whereunder others were acquitted while appellants have been convicted and the same happens to be the subject matter of challenge.