KIRAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Kiran Kumar and Sanjay Kumar have been found guilty for an offence punishable under Section 341/34 IPC and sentenced to undergo SI for 1 month, under Section 323/34 IPC and sentenced to undergo SI for 6 months, under Section 324/34 IPC and sentenced to undergo RI for 2 years, under Section 504/34 IPC and sentenced to undergo SI for 6 months with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 29.09.2015 passed by 3rd Additional District & Sessions Judge, Sitamarhi relating to Sessions Trial No. 180/2014/106/2014.

(2.) On 112011 at about 9.45 AM while informant Niranjan Kumar (PW 5) was admitted at Sadar Hospital, Sitamarhi gave his Fard-e-beyan in presence of his father-in-law, Mithila Bihari Prasad (PW 2) alleging inter alia that on 11.12011 at about 7:00 PM while he along with his brother-in-law (Sala) Mukesh Kumar and one Shiv Narayan were in a way to his Sasural, Kishunpur after screening cinema at R.D. Palace and as soon as reached at village-Sirauli at the bank of river, found two motorcycles parked since before. He had also seen four persons standing out of whom, he identified two of them, namely, Kiran Kumar and Sanjay Kumar, sons of late Raghaw Prasad. Other two were not identified by him who were armed with pistol. Kiran Kumar took out knife and gave a blow causing injury over his right hand, Sanjay Kumar gave rod blow as a result of which he sustained injury over his head and fell down. Then thereafter, Kiran Kumar gave another knife blow over his chest causing injury thereon. The other two who were armed with pipe gun (Nalkatta) were threatening others. On hue and cry, local people rushed, seeing whom, all of them escaped by saying that now he is dead. It has also been disclosed that aforesaid occurrence has been committed by the accused persons as he demand Rs. 4 Lakhs which he had handed over to the accused persons.

(3.) After registration of Riga PS Case No. 185/2011, investigation commenced and after concluding the same, charge-sheet was submitted which happens to be the basis of trial, meeting with the ultimate result, subject matter of the instant appeal.