GOPAL MAHTO AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 395 of the Indian Penal Code and seven years rigorous imprisonment and a fine of Rs.500/- each in default of which a further imprisonment for six months by the 5th Additional Sessions Judge, Aurangabad, in Sessions Trial No. 103 of 1995/117 of 1999 by a Judgment and order of conviction dated 3/6.9.2013.

(2.) The case of the Informant Permeshwar Mahto is that on the night of occurrence i.e. one 20/21.4.1991 some dacoits entered into his house and committed loot. In the said transaction, he identified the present Appellants and claimed to identify rest of the accused persons. However, after due investigation, final report was submitted in the matter which was accepted by the Chief Judicial Magistrate, Aurangabad, but on a protest petition, the case proceeded.

(3.) During trial, the Prosecution examined six witnesses. The Defence also exhibited two documents to show that there was previous enmity between the parties. PW-1 is the injured inmate but did not name any miscreant. PW-2 Jawahar Mahto, cousin of the Informant, has named three of the miscreants.