SAUDAGAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BECAUSE of absence of learned counsel for the petitioners for the days together lastly, after hearing learned Additional Public Prosecutor the matter has been posted for judgment is also found permissible under Section 403 Cr.P.C.

(2.) INITIALLY , apart from petitioners, Saudagar Mahto, Mithilesh Mahto, Mahindra Yadav and Azad Yadav (since acquitted) also faced trial and vide judgment dated 04.07.1997 passed in G.R. No.1316 of 1994 by Shri Chandra Shekhar Pradhan, Judicial Magistrate, 1st Class, Nawada, petitioner Saudagar Mahto has been found guilty for an offence punishable under Sections 457, 380 IPC while Mithilesh Mahto has been found guilty for an offence punishable under Section 457 IPC, 380 IPC as well as 411 IPC while Mahindra Yadav and Azad Yadav were acquitted. Each of petitioners Saudagar Mahto as well as Mithilesh Mahto have been directed to undergo R.I. for three years as also slapped with fine of Rs.1000/ - in default thereof to undergo S.I. for three months additionally under Section 457 IPC, R.I. for one year as well as fine of Rs.5000/ - in default thereof to undergo S.I. for two months additionally under Section 380 IPC. While petitioner Mithilesh Mahto has been directed to undergo R.I. for six months under Section 411 of the IPC. The aforesaid judgment of conviction and sentence was challenged by the petitioners Saudagar Mahto and Mithilesh Mahto under Cr. Appeal No.1 of 1997 / 147 of 1997 and the same was dismissed by the First Additional Sessions Judge, Nawada vide judgment dated 28 -11 -2002 with certain modification in sentence relating to 457 IPC reducing from 3 years to 2 years while maintaining the fine portion as well as with regard to other sections.

(3.) AFTER registration of the case, the police swung into action and during course thereof, on 21 -10 -1994 itself apprehended Saudagar Mahto who during course of interrogation made inculpatory extra judicial confession and on whose pointing out Darwaja of Mithilesh Mahto was dug where from electric motor was seized as well as the remaining items were seized from the field of Kishun Mistri and for that seizure list was prepared. Accordingly, after concluding investigation charge sheet was submitted whereupon trial commenced and concluded in a manner as indicated above the subject matter of instant revision.