RAMA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are nine appellants before this Court. Counsel for the appellants submits that Peyare Mahton and Ram Balak Mahton, sons of Chamru Mahton have died during pendency of the appeal. Such statements have been made on the oral instruction of the client. In view of the oral instruction received by the Counsel for the appellants, it is not essential to ascertain these facts by asking for a report which would unnecessarily delay the disposal of the appeal, especially in view of the order I intend to pass.

(2.) THIS appeal arises out of the judgment of conviction and the order of sentence dated 30 th November, 1994 passed in Sessions Trial No. 318 of 1984 by the 1st Additional Sessions Judge, Patna, whereby the Trial Court has found and held the appellants guilty for the offences punishable under Section 323 of the Indian Penal Code to undergo rigorous imprisonment for one year and under Section 452 of the Indian Penal Code to undergo two years.

(3.) THE defence case is that a case was instituted by Rama Mahto, alleging theft and in order to save himself and Ramjiwan Mahton the case was instituted making completely false allegations.