KULDEEP K MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ishwari Mahato and Kuldip Kumar Mahato were tried for offences punishable under Sections 363, 366 and 376, IPC.

(2.) The trial Court found that the evidence adduced by the prosecution could be safely accepted as truthful and accordingly by its judgment and order dated 7-6-1996 convicted Kuldip Mahato - the appellant for offences punishable under Sections 363, 366 and 376, IPC and sentenced him to suffer rigorous imprisonment for five years on first two counts and seven years on third count. Substantive sentences were ordered to run concurrently. However, Ishwari Mahato was convicted under Section 368, IPC and sentenced him to suffer rigorous imprisonment for five years.

(3.) Aggrieved by the judgment and order of conviction, both the accused preferred an appeal to the High Court and the High Court by its judgment and order dated July 11, 1997 allowed the appeal filed by Ishwari Mahato holding him not guilty and acquitted him of the said charge. The conviction and sentence of Kuldip Kumar Mahato for the offences punishable under Sections 363, 366 and 376, I.P.C. was upheld. It is against these concurrent judgments passed by the Courts below, the appellant-Kuldip Kumar Mahato has filed this appeal.