SURESH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant, Suresh Mahto, was tried by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 264 of 1993/24 of 1993 for the charges under Sections 302 and 394 of the Indian Penal Code. By judgment dated 13.8.2003,the appellant was found guilty of committing both the offences. The appellant was heard on sentence under Section 235(2), Cr PC on 16.8.2003 and was directed to suffer rigorous imprisonment for life as also to pay a fine of Rs. 5,000/- for his conviction under Section 302 of the Indian Penal Code, while rigorous imprisonment for seven years and also a fine of Rs. 5,000/- was imposed as sentence upon him for his conviction under Section 394 of the Indian Penal Code. In case the appellant had failed in paying up the fine, the learned trial Judge directed the appellant to suffer rigorous imprisonment for six months under, both counts. The sentences were directed to run concurrently.

(2.) The appellant brings into question the conviction recorded against him by the learned trial Judge and order of sentence passed upon him consequent upon his conviction.

(3.) The facts lie in a very narrow compass. In the night of 18.3.1992 the appellant allegedly entered inside the house of Gopal Rawani (PW 5) for committing robbery. In fact, he had picked up a box and was about to leave the house, when the daughter-in-law of the informant namely, Vindhyachal Kuer (PW 1) raised an alarm. The informant rushed inside the house and found the appellant there. He attempted to catch hold of the appellant. The appellant inflicted a knife blow which hit on the chin of Gopal Rawani (PW 5). By that time, Girija Rawani, son of PW5, also came in rushing and attempted to capture the appellant. The appellant pierced the same knife into the stomach of Girija Rawani as a result of which he fell down. His momentum came out of the wound. Thus, the appellant made good his escape.