Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (U/S) No.7 of 2012 =========================================================== Deonath Sharma, son of Prai Sharma, resident of village-Paniadih, P.S.- Bhagwanpur Hatt, District-Siwan. .... .... Appellant/s Versus 1. The State of Bihar. 2. Rama Shankar, Son of Ram Suneshwar Sharma, resident of village-Paniadih, P.S.-Bhagwanpur Hatt, District-Siwan. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Md. Aslam Ansari, Advocate. For the Respondent/s : Mr. S.A. Ahmad, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-12-2012 Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State. The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 7.11.2012 in S.L.A. No. 21 of 2012. The appeal is directed against the judgment of acquittal dated 15.3.2012 passed by the learned Additional District & Sessions Judge, Fast Track Court No.-V, Siwan in Cr. Appeal No. 29 of 2010, by which, he has allowed the appeal of the appellants by setting aside the judgment and order of conviction and sentence dated 6.6.2010 passed by the learned Chief Judicial Magistrate 1st Class, Siwan in Complaint Case No. 1204 of 2001. The learned Magistrate had convicted the accused, namely, Ram Suneshwar Sharma and Sant Kumar under [STATUTE] Patna High Court CR. APP (U/S) No.7 of 2012 dt.17-12-2012 2 / 6 2 and sentenced them to undergo for one month simple imprisonment and fine of Rs. 100/- and in default of payment of fine, they were directed to undergo further seven days simple imprisonment and the accused, namely, Ram Shankar Sharma was convicted under [STATUTE] . He was sentenced to undergo six months simple imprisonment and a fine of Rs. 200/- under [STATUTE] and three months simple imprisonment and a fine of Rs. 200/- under [STATUTE] . However, both the sentences were ordered to run concurrently. It is pertinent to note it here that in S.L.A. No. 21 of 2012, leave to appeal against the impugned judgment of the appellate court was sought against the accused persons, namely, Ram Suneshwar Sharma, Rama Shankar Sharma and Sant Kumar Sharma. However, the appellant did not press the S.L.A. against the accused, namely, Ram Suneshwar Sharma and Sant Kumar Sharma. By order dated 16.10.2012 passed by this Court in S.L.A. No. 21 of 2012, leave to appeal was granted only against the accused, namely, Rama Shankar Sharma. The present appeal has been filed, thereafter, against respondent no. 2 Rama Shankar Sharma only. The appellant had filed Complaint Case No. 1204 of 2001 on 14.9.2001 in the court of the learned Chief Judicial Magistrate, Siwan against the accused persons, alleging therein that a pucca house of the complainant is situated in Revisional Survey Plot No. 1009 under Khata No. 268 having an area of 13 ½ Dhoors land towards the western side situated at village Paniadih P.S. Bhagwanpur District Siwan, in which, the complainant had constructed three rooms towards north and east. The complainant and the witnesses Dhrupnath Sharma had constructed a pucca stair to go on the roof in front of the northern room. On 13.9.2001 at 5.30 p.m. in the evening, the accused persons, namely, Patna High Court CR. APP (U/S) No.7 of 2012 dt.17-12-2012 3 / 6 3 Ram Suneshwar Sharma, Rama Shankar Sharma, Sant Kumar Sharma and Nagina Devi started to demolish and destroy the stair of the complainant by means of hammer and other equipments. Such act of the accused persons was objected to by the complainant. It has further been alleged the accused Rama Shankar Sharma assaulted by means of knife, the accused Ram Suneshwar Sharma and Sant Kuamr Sharma assaulted by means of lathi and Nagina Devi assaulted by piece of brick to the complainant. The complainant sustained multiple injuries on his person. The accused Rama Shankar Sharma is further alleged to have taken away Rs. 220/- from the pocket of the complainant. The complainant claims that he sustained a loss of Rs. 15000/- due to the damage caused to the stair of the house. The learned Chief Judicial Magistrate, Siwan made over the case under Section 192 of the Code of Criminal Procedure to the learned Judicial Magistrate 1st Class, Siwan for inquiry and trial. After inquiry, the learned Magistrate 1st Class, Siwan found a prima facie case to be out under [STATUTE] and, thus, he issued summons against the accused persons. The accused persons, thereafter, appeared before the court. The Charges were framed to which, they pleaded not guilty and, as such, the trial commenced. In course of trial, one of the accused, namely, Nagina Devi died and, as such, her name was deleted from the column of the accused. In course of trial, on behalf of the prosecution, altogether 8 witnesses were examined. They are P.W. 1 Ram Prasad Singh, P.W. 2 Dharm Nath Sharma, P.W. 3 Babulal Yadav, P.W. 4 Deonath Sharma (the complainant), P.W. 5 Dr. Narendra Kumar (the doctor who examined the complainant), P.W. 6 Jagdish Pathak, P.W.7 Dhrup Nath Sharma and P.W. 8 Ram Bilash Singh. Apart from the oral testimony of the witnesses examined on Patna High Court CR. APP (U/S) No.7 of 2012 dt.17-12-2012 4 / 6 4 behalf of the prosecution, three documents were also proved on behalf of the prosecution in course of trial. Those documents are Ext.-1, the injury report, Ext.-2, the complaint petition and Ext.-3, the deed of exchange dated 15.3.2002. On behalf of the defence, one witness, namely, Jawaharlal Rai was examined, who has proved copy of the complaint petition No. 1453 of 2002 which was filed by the accused Ram Suneshwar Sharma against the complain

Applicable IPC Section: 327

Statute Text:
Section 327 of the Indian Penal Code. Voluntarily causing hurt to extort property or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of an offence. Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.