Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA ***** Criminal Appeal (DB) No.702 of 2005 Against the judgment of conviction datd 02.09.2005 and order of sentence dated 12.09.2005 passed by Shri Umesh Chandra Mishra, the learned Additional Sessions Judge, Fast Track Court No. III, Aurangabad in Sessions Trial No. 297 of 2003 / 59 of 2003. =========================================================== Sheo Prasad Sao, Son of Late Mukhu Sao, Resident of Village – Pathra, Police Station – Kutumba, District – Aurangabad. .... .... Appellant Versus The State of Bihar .... .... Respondent with Criminal Appeal (DB) No. 703 of 2005 =========================================================== Krishna Sao, Son of Dukhan Sao, Resident of Village – Jasoiya, Police Station – Aurangabad, (T) in the District of Aurangabad. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In both the appeals) For the Appellants : Ms. Soni Srivastava, Advocate. Mr. Amit Prakas, Advocate. Ms. Priya Gupta, Advocate. For the State : Mr. Ashwini Kumar Sinha, APP. For the Informant : Mr. Sanjay Kumar @ Manu, Advocate. Mr. Rajnish Kumar, Advocate. Mr. Jayram Sharma, Advocate. Mr. Anshuman, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 23-07-2012 Criminal Appeal (DB) No. 702 of 2005 of Sheo Prasad Sao and Criminal Appeal (DB) No. 703 of 2005 of Krishna Sao arise out of judgment of conviction dated 2nd of September, Patna High Court CR. APP (DB) No.702 of 2005 dt.23-07-2012 2 2005 and order of sentence dated 12th of September, 2005 passed in Sessions Trial No. 297 of 2003 / 59 of 2003 in connection with Aurangabad Muffasil P.S. Case No. 443 of 2002, G.R. Case No. 1847 of 2002, whereby the learned Additional Sessions Judge, Fast Track Court No. III, Aurangabad held the appellants guilty under [STATUTE] and sentenced them to undergo R.I. for 10 years under [STATUTE] and imprisonment for life under [STATUTE] respectively. Both the appellants further sentenced to pay fine of Rs. 5000/- each and in default of payment of fine, their period of detention to be enhanced by further six months. The sentences were directed to run concurrently. 2. One dacoity was committed just in the midnight at 11.30 p.m. on 2/3rd of October, 2002 in the house of the informant Vishwanath Sao (P.W.4) which led to registration of Aurangabad Muffasil P.S. Case No. 443 of 2002 dated 03.10.2002, under [STATUTE] . The fardbeyan (Ext.4) became the base of formal FIR (Ext.5). The inquest report (Ext.3) was prepared and the injury report of the informant Vishwanath Sao (Ext.8) was obtained. In course of investigation, statement of P.W.7 and 9, under Section 164 of the Code of Criminal Patna High Court CR. APP (DB) No.702 of 2005 dt.23-07-2012 3 Procedure was recorded (Ext.2 and 2/1). The fardbeyan of Vishwanath Sao was recorded near Jasoiya water tank on 03.10.2002 at 06.15 a.m., wherein the informant Vishwanath Sao detailed about the occurrence. The informant has stated that he was six brothers and all were occupants of a common house. The informant P.W.4 was having enmity with his accused brother Krishna Sao. About 1½ years prior to the occurrence, Krishna Sao lost his first wife who was resident of Village-Pathra under the jurisdiction of Amba police station. After death, Krishna Sao married with sister of accused/appellant Sheo Prasad Sao. Accused Sheo Prasad Sao used to come to the house of informant and both of the accused were pressurizing for partition of the property that frequently resulted into quarrel. About ten days prior to the occurrence, an altercation took place between the accused Krishna Sao and the informant and their mother. As Krishna Sao was demanding Rs. 10,000/-, which he had given for construction of the house. Verbal altercation ultimately led to assault on that date in which Krishna Sao assaulted his mother, sister (not examined) and Bhabhi P.W.2. Krishna Sao was later on thrashed. At the time of retreating Krishna Sao threatened for dire consequences. The threatening was also that the house would be plundered. On earlier occasion also, the informant was assaulted Patna High Court CR. APP (DB) No.702 of 2005 dt.23-07-2012 4 by the henchmen of Krishna Sao. Just preceding to midnight of 2/3rd October, 2002 at about 11.30 p.m. the criminals entered into the house of the informant where he was sleeping. When the informant got up then he noticed 5 – 6 persons standing in courtyard. They were flashing torch. At that time an earthen lamp was giving light. The informant wanted to know about their identity but he was caught hold by one of them and the informant identified him as accused Sheo Prasad Sao, brother-in-law of another accused Krishna Sao was one of them. The torch was flashed upon face of the informant and the person flashing the torch was elder brother of the informant namely Krishna Sao. 4 – 5 persons were wearing half pant and shirt and rests were in full pants. The informant claimed to identify the culprits. The informant also claimed that his mother could also identify the culprits. The informant, his mother P.W.3, sister (not examined), brother P.W.1 and Bhabhi P.W.2 were cornered in the courtyard. All were having sticks and knives. The informant and his brother’s hands were tied and inmates were assaulted. The culprits carried away one box and went towards water tank. The criminal remained in the house for one hour. From box containing Rs. 20,000/-, which the informant has got from the post office for construction of the house was carried away and that amount Patna High Court CR. APP (DB) No.702 of 2005 dt.23-07-20

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.