BHARAT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ranbir Singh, learned Advocate, who has argued this matter as Amicus Curiae at length and Miss Rashmi Bharti, learned counsel representing the informant as also Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

(2.) This criminal appeal is arising out of the judgment dated 10.10.2002 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 4, Samastipur in Sessions Trial No. 207 of 1997/142 of 2002 by which the appellant no. 1 has been convicted for the offence under Sections 323, 341, 379 and 324 of the Indian Penal Code and he has been ordered to undergo rigorous imprisonment for one month, 15 days simple imprisonment, three months rigorous imprisonment and six months rigorous imprisonment respectively. All these sentences shall run concurrently. All the appellants have been held guilty under Sections 323 and 341 IPC, accused Bharat Sharma (appellant no.1) and Bishun Sharma (appellant no. 2) have also been held guilty under Section 379 IPC whereas accused Bharat Sharma (appellant no.1) alone has been found guilty under Section 324 IPC as well but except appellant no.1 the other appellants have not been awarded any substantive punishment and they have been released on probation of good conduct and on keeping peace for a period of two years after executing a probation bond of Rs. 5000/- with two sureties of the like amount each.

(3.) The facts as reveal from the records are as under:-