RAMCHANDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant Ramchandra Mahto who has been found guilty for an offence punishable under Section 354 IPC, 448 IPC and directed to undergo R.I. for six months under both count independently with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 11 -08 -1994 passed by Second Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No.168 of 1986.

(2.) HARI Lal Ram (PW -6) recorded First Information Report on 14.02.1984 at about 03:00 P.M. alleging inter alia that on the same day at about 11:00 A.M. while he was sleeping in his courtyard after taking medicines on account of headache, his neighbour Ram Chandra Mahto came at his Darwaja and inquired about him from his „Bhaujai?, Ramdei Devi who disclosed that he has gone to work. Then thereafter Ram Chandra Mahto made house trespass, came near his wife caught hold her with an intention to commit rape. On an alarm raised by his wife he rushed and then inflicted 2 -3 „Garasi?blows on account of which Ram Chandra Mahto escaped therefrom in an injured condition. It has also been averred that at an earlier occasion also he tried to entice his wife after offering Rs.5/ - which she had disclosed. On hue and cry so many persons assembled who have seen Ram Chandra Mahto running from his house.

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence. It has further been pleaded that son of Babu Lal Chamar was apprehended while stealthily plucking sugarcane from the filed of appellant and on account thereof, the accused so named therein having armed with deadly weapon came, assaulted and then dragged him to their house where Hari Lal Ram had given Garasa blow causing injury. Then thereafter he was taken to MJK Hospital, Bettiah where his fardbeyan was recorded and on the basis thereof, Jogapatti P.S. Case No.19 of 1984 was registered.