SUDARSHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant was put on trial before the Additional Sessions Judge, VI, Gaya, in Sessions Trial No. 427 of 1997/45 of 1997 for the offences under sections 302 and 307 of the Indian Penal Code (for short ‘I.P.C.’) and has been convicted under the aforesaid sections and sentenced to capital punishment under section 302 and life imprisonment under section 307 of the I.P.C.

(2.) THE Additional Sessions Judge made a reference under section 366 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) for confirmation of death punishment and the appellant has filed an appeal against his conviction and sentence and both of them have been heard together and are being disposed of by this common judgment. The convict accused shall be referred to hereinafter as ‘appellant’.

(3.) INJURED Silpi Kumari was thrown near Nawada Gumti, which is at a distance of 2/3 Kms. from Gaya Railway Junction. Havildar Subodh Kumar Yadav (P.W. 3) who was posted at Chhoti Nawada Town Out Post falling within Delha Police Station, got an information in the morning on 24.2.1996 that a girl was lying injured by the side of the railway track near Nawada Gumti. There- after, he went there and found the girl lying in injured condition having received injuries in the abdomen and other parts of her body. The girl narrated that her name is Silpi Kumari, daughter of appellant Devendra Kumar Mahto. She also stated that the quarrel had taken place between her mother and father and her father pushed her outside the train. She disclosed the name of her mother as Saroj Devi. She also stated that her one brother aged two years was also there in the train.