CHABILA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) It has been submitted that the Appellant No. 7 died during pendency of the Appeal and, thus, the Appeal against him is dismissed as having become infructuous.

(2.) The Appellants have been convicted under Section 323, 342, 313 and 315 Indian Penal Code and sentenced to a period of ten years, one year, in default of which 2 years and for seven years respectively by a Judgment and order of conviction dated 26/28.6.2001 passed in Sessions Trial No. 204 of 1999/118 of 1996 by the 1st Additional Sessions Judge, Sitamarhi.

(3.) The Prosecution case as per the Complainant Bilash Ram which was initiated on a protest petition after final report was submitted is that on 2.1.1987 when his daughter-in-law PW-10 had gone to answer the call of nature in his field, she plucked a piece of sugarcane which was discovered by Appellant Chhabila Mahto who caught her and started raising alarm. The rest of the accused persons then came and assaulted with fists and slaps. A Panchayti was held in which the Complainant was fined a sum of Rs.50/- which he deposited. Further, on 5.1.1987 his daughter-in-law gave birth to a still born child, whereafter he instituted the case.