STATE OF BIHAR Vs. MALIK MAHTO

JUDGEMENT

(1.) Both the appeals and the reference made under Sec. 366 of the Code of Criminal Procedure, arise out of the same judgment and so they have been heard together and are being disposed of by this common judgment.

(2.) Appellant Malik Mahto (Cr. Appeal No. 92/88) has been convicted under Sec. 302 of the Indian Penal Code and sentenced to death. He and appellant Sheo Mahto (Cr. Appeal No. 107/88) have been convicted under Sec. 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 (Seven) years. The sentences awarded to appellant Malik Mahton have been ordered to run concurrently.

(3.) Besides these appellant, nine other accused were put on trial to face the charges under Sections 302 and 201 of the Indian Penal Code, out of them eight were acquitted. Accused Manti Kumari was held guilty for committing the offence under Sec. 201 of the Indian Penal Code but, instead of awarding substantive sentence, the trial court directed that she should be released under the provisions of Sec. 360 of the Code of Criminal Procedure after executing bond of Rs. 5,000.00 with two sureties of the like amount each for keeping good behaviour for period of two years.