JITAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned APP for the State.

(2.) The present appeal has been filed by the appellant against the judgment dtd. 21/12/2010, passed in Sessions Trial No136 of 2007/25 of 2010 by Mr. Jagdish Prasad Mishra, the leaned Additional Sessions Judge, Fast Track Court No.-III, Aurangabad thereby finding the appellant guilty for committing offence under Ss. 452 and 354 of the Indian Penal Code convicted him for the said offence and awarded sentence of two years and one year of simple imprisonment respectively however, directed to run the both sentences concurrently.

(3.) The case of the prosecution, in brief, is that on 15/8/2006 at 12:30 p.m. in the afternoon, Jitan Singh, the appellant turned up at house of the informant, Premchandra Mishra (PW4) and used abusive language, out of fear his wife, Usha Devi (PW1) closed the door. One of the accused Satyendra Singh remained standing outside the door but Jitan Singh pushed the door and started assaulting his wife (PW1) and pushed her in the courtyard and threw her down with bad intention. While her wife (PW1) resisted, he started pressing her neck, in the meanwhile the informant's mother, Chandrawati Kuer (PW2) intervened and tried to rescue her daughter-in-law then he also assaulted her. The wife and mother of the informant came to Panchayat Bhawan at 1:30 p.m. where the informant was watching a programme and narrated the entire incident.