UPENDRA SHARMA AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants, Upendra Sharma and Dasrath Sharma stand convicted under Section 354 of the Indian Penal Code and sentenced to undergo R.I. for eighteen months and also convicted under Section 323 of the Indian Penal Code and sentenced to undergo R.I. for six months.

(2.) The prosecution case as per statement of Krishna Kant Singh (P.W.3), in short, is that the informant who was a student of 1st year in T.P.S. College and was living in the house of Ram Jewan Sharma and one month prior to the date of occurrence his elder brother, Krishna Nandan Singh had come with his wife for the treatment of infant issue and were staying with him. It is further stated that on 11.05.1991 at about 6 P.M. his brother went out to purchase medicine for the child and at that time his sister-in-law (Bhabhi) Baby Kumari was cooking food and his bhabhi after preparing food was opening bottle for giving medicine to her child. In the meantime he went to the roof of the house where he heard cries of his bhabhy and she was calling him upon which he came down and went inside the room and found that accused Dasrath Sharma had thrown his sister-in-law (bhabhy) on the ground and pulled her saree, Upendra Sharma had caught hold of her hands and shut her mouth. As soon as the informant tried to get her rid of their clutches, the appellants assaulted him by fists and pressed his neck. Then on alarm being raised by his sister-in-law the family members of Ram Jewan Sharma came and took both the appellants out of the room. The appellants threatened him to face dire consequences, if he will file a case.

(3.) On the basis of the Fard-e-beyan of the informant, Patliputra P.S. Case No. 165 of 2001 was instituted against the appellants. Cognizance of the offence was taken and the case was committed to the court of Sessions, which ultimately came to the file of Sri Nirmalesh Chandra Lala, the then Ad hoc Sessions Judge, Additional Court No. 2, Patna in Sessions Trial No. 276 of 1997 for trial and disposal.