JUDGMENT :

Heard through Video Conferencing

Heard Mr. Pradip Kumar Prasad, the learned counsel appearing on behalf of the appellant as well as Mr. Tarun Kumar, the learned APP for the State.

2. The present criminal appeal is preferred against the judgment of conviction dated 20.05.2010 and the order of sentence dated 01.06.2010 passed by the learned Additional Sessions Judge, Fast Track Court IX, at Giridih in Sessions Trial No. 407 of 2007, whereby and whereunder, the appellant was found guilty and convicted for the offences under section 395 of the Indian Penal Code (in short IPC) and sentenced to undergo rigorous imprisonment for a period of six years and a fine of Rs. 2000/- and in default of the payment of fine the convict is further sentenced to undergo S.I. for two months. The period undergone in jail custody was ordered to be set off.

3. The case of the prosecution, in brief, as per the fardbeyan dated 13.08.2006 of the informant Ajay Kumar Baranwal (PW-9) is that in the night of 12.08.2006 at about 9:45 pm he was sleeping in the first floor in the eastern side of room. It is further alleged that mother, sister and children of the informant started raising hulla on which inform