LAKSHMAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30-l-19f 8 passed by Smt. Shakuntala Sinha, 2nd Additional Sessions Judge, Giridih, whereby appellant No. 1 has been convicted for the offence punishable under Section 324 of the Indian Penal Code, 1860 and appellant No. 2 has been found guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860, and the former has been sentenced to undergo rigorous imprisonment for one year and the latter to imprisonment for life and also to pay fine of 1,000.00 and in default thereof to undergo simple imprisonment for six months. Some other co-accused, who had been put on trial along with the appellants were found not guilty and ordered to be acquitted by learned 2nd Additional Sessions Judge.

(2.) The case of the prosecution may briefly be stated as follows:

(3.) It may be noticed here that appellant No. 1 had been charged for the offence punishable under Section 307 of the Indian Penal Code, 1860 but he has been found guilty for the offence punishable under Section 324 of the Indian Penal Code, 1860. Appellant No. 1 along with several others had been charged for the offence punishable under Section 149 of the I.P.C. read with Section 302 of the I.P.C. but they were all acquitted of that charge. There were also charge for the offence punishable under Section 148 of the I.P.C. against both the appellants but they have been acquitted of that charge. Appellant No. 2 was charged for the offence punishable under Section 302 of the I.P.C. and he has been found guilty for the offence.