BIRJU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellant as well as learned APP.

(2.) Sole appellant, Birju Mahto who has been found guilty for an offence punishable under Section 328 IPC and sentenced to undergo RI for five years vide judgment of conviction and sentence dated 12.08.2002 passed by FTC-No.1 Sitamarhi in connection with Sessions Trial No. 119/1998/206/2001, has challenged the same under instant appeal.

(3.) PW-4, Asha Narain Mahto gave his Fard-e-beyan on 12.12.1996 at about 10:35 a.m. before police official of Sitamarhi P.S. while he was admitted at Sadar Hospital, Sitamarhi after regaining sense disclosing therein that he is employed at Mumbai. In way to his house on 10.12.1996 at about 10:00 p.m., he got down at Mehsaul Bus Stand where he met with Birju Mahto of Village-Bela who requested him to have tea. He was also hungry and on account thereof, they both had gone to a shop lying by the side of Railway Station where they took tea and biscuit. Then thereafter, he felt dizziness and disclosed the same to Birju Mahto who accompanied him to Railway Station and directed him to sleep. He fell asleep. One bag which he was carrying contained cash of Rs.4,000/-, one shirt, one pant and a pair of chappal were found missing when he got awaken on the following morning at about 6:00-7:00 a.m. He also found himself in semi-conscious state. Birju Mahto was also not there. His co-villager, Durga Pd. Mahto took him to Sadar hospital. Bhabhijhan Mahto appears to be FIR attesting witness.