UDAY MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of the appellant. Heard learned Mr. Piyush Kumar Pandey, learned Amicus Curiae and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.

(2.) By this appeal, sole appellant/convicted accused Uday Mahton has challenged the judgment of conviction and order of sentence dtd. 4/2/2004 and 6/2/2004 respectively, passed by the Presiding Officer, Fast Track Court, No.III, Begusarai in Sessions Trial No. 249 of 1996 and 138 of 2004 arising out of Barauni P.S. Case No. 396 of 1995 by which the appellant was convicted for the offence under Ss. 307 and sec. 341 of the Indian Penal Code. The appellant was sentenced to undergo rigorous imprisonment for five years for the charge of Sec. 307 of the Indian Penal code and rigorous imprisonment for six months for the charge under Sec. 341 of the Indian Penal Code. Both the sentences are directed to run concurrently.

(3.) The prosecution case is as follows :-