BHAGWAT MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.K. Jaipuriyar, learned counsel for the appellant, and Mr. S.C. Mishra, learned Additional Public Prosecutor for the State. Considering the fact that this appellant, namely, Bhagwat Mahto, has already undergone a period of three years' detention in custody, we, in the peculiar facts and circumstances of the present case, have taken the appeal, with the consent of the learned counsel for the parties appearing before us, for hearing. The appeal is, accordingly, heard. The sole appellant, Bhagwat Mahto, has preferred this appeal against the judgment of conviction, dated 04.06.2013, and order of sentence, dated 07.06.2013, passed, in S.T. No. 14 of 1988, arising out of Barari P.S. Case No.34 of 1986, by learned Adhoc Additional Sessions Judge, Katihar, whereby the appellant has been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.10,000/- and, in default of payment of fine, to undergo R.I. for one year.

(2.) The prosecution's case, in short, as made out on the basis of fardbeyan of the informant, Fudan Mahto, son of Ram Balak Mahto, of Village Harinkol Siswa Ghat, P.S. Barari, recorded by Shri N.K. Singh, Officer-in-Charge, Barari P.S., on 25.03.1986, at 0930 hrs, at Barari Hospital, is as follows:-

(3.) After investigation, police submitted charge sheet, on 17.01.1987, under Section 302 read with Section 34 of the Indian Penal Code. Charges against accused Bhagwat Mahto and Muneshwari Devi were framed under Section 302 read with Section 34 of the Indian Penal Code to which they pleaded not guilty.