SAGUNI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the last occasion the appeal was directed to be listed even without the Lower Court Records since it was of the year 2000, to be disposed of with the assistance of the records to be produced by the Counsel for the Appellant.

(2.) THE Appellant has been convicted under Section 304 I.P.C. and sentenced to R.I. for ten years by a judgment dated 10.7.2000 and 11.7.2000 passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.242 of 1998.

(3.) DURING trial the prosecution examined eight witnesses in all. Out of whom, P.W.1 Surendra Pandit has stated that he was the son of the deceased and supported the genesis and manner of the occurrence as disclosed in the First Information Report. His attention was drawn to his earlier statement that fact of the matter was that he was not an eye witness to the occurrence. It was also suggested to him that in fact he implicated the Appellant for reasons of land dispute. P.W.2 Shiv Shankar Sah also supported the case of the prosecution and was an inquest witness. It was also suggested to him that fact of the matter was that he was not an eye witness to the occurrence.