Patna High Court CR. APP (SJ) No.956 of 2012 (2) dt.19-12-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.956 of 2012

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1. Sheo Pujan Baitha S/O Kedar Baitha R/O Village - Pachara, Presently

Residing At Village - Hirma, Police Station - Taryani, District - Sheohar

.... .... Appellant/s

Versus

1. The State Of Bihar

2. Awadhesh Singh S/O Bhulan Singh R/O Village - Pachara, Police

Station - Taryani, District - Sheohar

3. Sajan Singh S/O Sagar Singh R/O Village - Pachara, Police Station -

Taryani, District - Sheohar

4. Munna Singh S/O Chandreshwar Singh R/O Village - Pachara, Police

Station - Taryani, District - Sheohar

5. Ram Pravesh Singh S/O Jai Mangal Singh R/O Village - Pachara, Police

Station - Taryani, District - Sheohar

6. Ajit Singh S/O Phulgend Singh R/O Village - Pachara, Police Station -

Taryani, District - Sheohar

7. Rama Kant Singh S/O Ram Shawrup Singh R/O Village - Pachara,

Police Station - Taryani, District - Sheohar

8. Sanjay Singh S/O Ramahish Singh R/O Village - Pachara, Police

Station - Taryani, District - Sheohar

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Anil Kumar Roy, Advocate

For the Respondent/s : Mr. Satyanarain Prasad, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR

SINGH

ORAL ORDER

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19-12-2012

The present appeal has been filed under Section 372 of

the Code of Criminal Procedure against the judgment and order

dated 20.9.2012 passed by the learned 1^st Additional District and

Sessions Judge-cum-Special Judge, Sitamarhi, in Sessions Trial

Case No. 744 of 2005 corresponding to Trial No. 179 of 2005

arising out of Taryani P.S. Case No. 81 of 2003 by which

respondents No.2 to 8 have been acquitted of the charges framed

Patna High Court CR. APP (SJ) No.956 of 2012 (2) dt.19-12-2012

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against them.

Taryani P.S. Case No. 81 of 2003 was registered on

24.8. 2003 under Sections 147, 149, 323, 341, 347, 354, 380, 342,

465, 468, 405, 504 and 506 of the Indian Penal Code and 3 & 4 of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 on the basis of written report of the

informant Sheo Pujan Baitha.

As per prosecution case, the informant had taken

Rs.10,000/- as loan from Pachra Durga Puja Samiti. The Durga

Puja Samiti was involved in money lending business. The

Committee added interest over the principal amount of

Rs.10,000/- and demanded Rs.50,000/- from the informant. The

accused persons, who are office bearers of the said Committee,

entered into the house of the informant on 11.8.2003 and coerced

him to pay the due amount of Rs.50,000/-. They abused him by

taking his caste’s name. The accused Ramamant Singh fired from

pistol upon him but fortunately it did not hit him. When the

informant’s wife came to his rescue, they assaulted her too. They

tore her clothes and took away Hasuli amounting to Rs.3,500/-.

They dragged the informant and his wife towards chowk.

Subsequently, the informant’s wife was let off. However, the

informant was confined in Maharani Asthan Temple. He was kept

Patna High Court CR. APP (SJ) No.956 of 2012 (2) dt.19-12-2012

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confined there for 24 hours. On 12.8.2003 at about 2 p.m. the

accused persons came and brought him at the door of the

Mukhiya. They forcibly took his signature on a bond paper. On the

basis of the aforesaid allegations, the F.I.R. was registered. The

police took up investigation. On conclusion of investigation

chargesheet was submitted in the case. The case was committed to

the court of sessions for trial. The trial court framed charge under

Sections 147, 323, 342, 506, 380, 405 and 468 of the Indian Penal

Code and Section 3(I) (x) of the Scheduled Castes and Scheduled

Tribes (Preventio