CHHUTAHARU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, Appellant/convicted accused Chhutaharu Mandal is challenging the Judgment and order dtd. 22/1/2014 and 24/1/2014 respectively passed by the learned Adhoc Additional Sessions Judge IV, Araria in Sessions Trial No. 281 of 2011 (Trial No. 49 of 2011) arising out of Forbesganj P.S. Case No. 78 of 2008, thereby convicting him of the offence punishable under Ss. 302 and 447 r/w Sec. 34 of the Indian Penal Code. For the offence punishable under Sec. 302 r/w Sec. 34 of the Indian Penal Code, he is sentenced to suffer imprisonment for life apart from imposition of fine of Rs.10,000.00 and in default to undergo rigorous imprisonment for three years. He was not separately sentenced for the offence punishable under Sec. 447 of the Indian Penal Code. For the sake of convenience, the appellant/accused shall be referred to in his original capacity as "an accused ".

(2.) Facts in brief projected from the police report leading to the prosecution of the accused can be summarized thus:-

(3.) After hearing the parties, the learned trial court was pleased to convict and to sentence the accused as indicated in the opening para of this Judgment. At this stage itself it would be opposite to put on record the reasons which weighed the mind of the learned trial court for convicting the accused, as found in paragraph 18 of its Judgment. Those reads thus:-