IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.207 of 2003

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Bhulan Mishra @ Dwarika Mishra, Son of Late Vishwanath Mishra, Resident of

Village – Gurwalia, P.S. – Bettiah Muffasil, District – West Champaran.

.... .... Appellant/s

Versus

State of Bihar

.... .... Respondent/s

with

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Criminal Appeal (SJ) No. 227 of 2003

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Upendra Mishra, Son of Shri Gorakh Mishra, Resident of Village – Gurwalia, P.S.

– Bettiah Muffasil, District – West Champaran.

.... .... Appellant/s

Versus

State of Bihar

.... .... Respondent/s

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Appearance :

(In CR. APP (SJ) No.207 of 2003)

For the Appellant/s : Mr. Harsh Singh, Adv.

Mr. Ravi Shankar Choudhary, Adv.

Mr. Tej Pratap Singh, Adv.

Mr. Kamal Kishor Singh, Adv.

For the Respondent/s : Mr. Bipin Kumar, APP

(In CR. APP (SJ) No.227 of 2003)

For the Appellant/s : Mr. Harsh Singh, Adv.

Mr. Ravi Shankar Choudhary, Adv.

Mr. Tej Pratap Singh, Adv.

Mr. Kamal Kishor Singh, Adv.

For the Respondent/s : Mr. Bipin Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

ORAL JUDGMENT

Date: 21-03-2018

As both the above appeals arise out of same judgment, they are

clubbed together and are being decided by this common Judgment, for

the sake of convenience.

Patna High Court CR. APP (SJ) No.207 of 2003 dt.21-03-2018

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2.

These appeals are directed against the judgment of conviction

and order of sentence dated 17.04.2003, passed by Sri Jayanta Kumar

Sen, the then 7^th Additional Sessions Judge, West Champaran, Bettiah

in Sessions Trial No. 84/93, by which the appellant Bhulan Mishra

stood convicted under Section 450 and 379 of the Indian Penal Code

(hereinafter referred to as the “IPC”) and was sentenced to undergo

R.I. for five years and three years respectively with a fine of Rs.

2,000/- having default clause and appellant Upendra Mishra has been

convicted under Section 450 of the IPC and was sentenced to undergo

R.I. for five years with a fine of Rs. 2,000/- having default clause. He

has further been convicted under Sections 354 and 307 of the IPC and

was sentenced to undergo R.I. for two years and five years

respectively with a fine of Rs. 2,000/- having default clause.

3.

Prosecution case as per the fardbeyan of Malti Devi (P.W. 1),

recorded by A.S.I. of police, namely, P.N. Singh at M.J.K. Hospital,

Bettiah in short is that on previous night i.e. on 12.01.92 at about 9.00

P.M., She was waiting for his son to come. In the meantime,

appellants Bhulan Mishra and Upendra Mishra by pushing the door

entered into her room and to do some illegal act caught hold her and

pushed her on the bed, on which, the informant raised hulla, then

appellant Upendra Mishra took out a dagger from his waist and

assaulted the informant causing injury on her left side of back rib and

Patna High Court CR. APP (SJ) No.207 of 2003 dt.21-03-2018

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appellant Bhulan Mishra took out Rs. 2,000, from below the bed and

one golden hansuli, one mangtika, one darcous and nathiya, which

were also kept under the bed. It has further been alleged that on

hearing hulla, her son, namely, Sanjay Kumar Pandey, Devar Bijendra

Kumar Pandey and other persons reached their but by that time both

the accused persons had fled away. It has further been stated that she

told them about the occurrence and, thereafter, she was brought to the

hospital.

4.

On the basis of the aforesaid fardbeyan of informant Bettiah

Muffasil Case No. 6/92 was registered.

5.

Police after investigation submitted charge-sheet. Cognizance

of th