RANBIR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In spite of repeated calls, nobody appears on behalf of appellants and as the case is of the year 2003, I deem it appropriate to appoint Mr. Manoj Kumar, learned Advocate, who is present in the court as Amicus Curiae to assist the court.

(2.) By way of the present appeal, appellants seek to challenge the judgment of conviction and order of sentence dated 19.07.2003, passed by Sri Shyam Nandan Prasad Verma, the then Adhoc District & Sessions Judge, Fast Track Court No. 1. Saran, Chapra, in Sessions Trial No. 165 of 1989, by which the appellant nos. 1 and 3, namely, Ranbir Singh and Manoj Kumar Singh were convicted under Section 324 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for 01 year. Appellant nos. 2 and 3, namely, Vijay Kumar Singh and Manoj Kumar Singh were convicted under Section 323 of the IPC and were sentenced to undergo R.I. for one year each. Appellant No. 3 Manoj Kumar Singh was also convicted under Section 379 of the IPC and was sentenced to undergo R.I. for 01 year. Appellant nos. 1 and 3, Ranbir Singh and Manoj Kumar Singh were further convicted under Section 380 of the IPC and were sentenced to undergo R.I. for two years. All the sentences were directed to run concurrently.

(3.) Prosecution case as per the fardbeyan of informant (P.W. 4) Chand Kishori Devi recorded by police on 14.11.86, in short is that on the same day, her husband's elder brother appellant Ranbir Singh along with Rameshwar Chamar and Raghu Chamar went to plough a certain piece of land in order to take possession over the said land. Seeing that, the informant went there and objected them from ploughing, on which appellant called his brother appellant Vijay Singh and his nephew appellant Manoj Kumar Singh. Thereafter, appellant Vijay Singh and Manoj Kumar Singh ordered to assault her, on which appellant Ranbir Singh gave a knife blow to the informant, which caused injury in her neck. Appellant Manoj Kumar Sing also gave knife blow, which caused injury on her finger and left wrist. It has further been alleged that appellant Manoj Kumar Singh snatched away her golden ear ring and nose pin. The occurrence was witnesses by Yogendra Singh, Sheodhar Singh, Gajendra Singh, Bhagat Singh, Rama Singh and Arun Singh and Dhirendra Singh, who intervened in the occurrence. Thereafter, accused persons went away from the place of occurrence and informant also proceeded towards her house and when she reached to her house, she found that appellant Manoj Singh and Ranbir Singh were committing theft of a box from her house, which was containing ornaments and the other lady members, who accompanied the appellants also assaulted her by means of fists and slaps. On hulla villagers assembled and they fled away. On the basis of the said fardbeyan, Amnour P.S. Case No. 189 of 86 was registered against the appellants.