JUDGMENT :

Pradeep Kumar Srivastava, J

1. I have already heard the arguments advanced by Mr. Binod Kumar Dubey, learned counsel for the appellant; Mr. Tarun Kumar, learned Addl. P.P. appearing for the State and Mr. Nawin Kumar, learned counsel appearing for the informant.

2. This instant appeal is directed against the judgment and order of conviction and sentence dated 19.09.2006 passed by learned Sessions Judge, Hazaribagh in S.T. Case No.206 of 2003 whereby and whereunder the appellant has been held guilty for the offences under Sections 363 and 366 of the INDIAN PENAL CODE and sentenced to undergo R.I. of three years and fine of Rs.1000/- and R.I. of four years along with fine of Rs.2000/- for the above offences respectively with default stipulation.

3. The factual matrix as depicted in the F.I.R. lodged by one Birendra Prasad Verma is that in the intervening night of 15/16.07.2002 at about 9 hours, all the family members after taking dinner were under profound sleep. It is alleged that in one room informant’s four daughters and granddaughters were sleeping and in another room informant along with his grandson and wife were sleeping. It is further alleged that at about 02:00 a.m., o