SURENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the time of filing of the writ application, petitioner prayed for the following reliefs:-

(2.) The writ petitioner faced charges for the offence under Sec. 376 and 302/34 of the Indian Penal Code. As per the prosecution story this petitioner being the husband of the deceased forced himself upon the informant (since deceased), had sexual intercourse with her in a banana field and after sexually assaulting her with the help of the co-accused, he pressed her hands and mouth and the co-accused also assaulted her sexually. Thereafter the co-accused tied her hand with a fine plastic rope and closed her mouth with his hands, the petitioner took out a knife and gave three blows on her neck with an intention to kill her. As a result the neck started to bleed profusely, wherefter both the accused threw her into the river. The informant somehow managed to come of the river and in injured condition she went running to the railway crossing where she explained the entire story to the lady owner of the toddy shop. She was taken to the local doctor, the local chowkidar informed the police station. The informant disclosed the reason behind the occurrence being that her husband was in love affair with a girl at Delhi to which she had objected.

(3.) The learned trial court convicted the petitioner under Sec. 302 and Sec. 376/34 of the Indian Penal Code. The learned trial court awarded death sentence for the offence under Sec. 302 I.P.C. and a sentence of transportation of life with rigorous imprisonment for the offence under Sec. 376/34 of I.P.C. The death sentence was, however, subject to confirmation by the Hon'ble High Court in accordance with Sec. 366 Cr.P.C.