LAWS(PAT)-1996-2-43

BINOD MAHTO Vs. STATE OF BIHAR

Decided On February 22, 1996
BINOD MAHTO, RAMESHWAR PASWAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE present revision application is directed against the judgment dated 4. 2. 1988 passed in Cr. Appeal no. 299 of 1986 by the Additional Sessions judge XI at Patna whereby he has affirmed the conviction of the petitioners under section 394, I. PC. and also the sentence to undergo R. I. for two years passed by the Judicial Magistrate, First Class, patna on 30/6/1986 in G. R. No. 1743/83, Tr. No. 242/86.

(2.) THE prosecution case is that on 4/5/1983 at about 8. 30 P. M. , the informant anil Ranjan was going along with one Sultan mian of village Isopur to his village Gonpura and when they reached near the Aluminium factory on Hinduni Road, four persons came from a field near the road and started flashing torch-light on them and surrounded them The informant claimed to have identified the petitioners and one Shekhar Rai. Accused Binod Mahto (petitioner no. 1) is alleged to have abused the informant and gave Chhura blow in his abdomen and the rest three are alleged to have assaulted him with Danta. It is further alleged that they also assaulted Sultan Mian. On Hulla people came there and took the informant on rickshaw to the Police Station and thereafter to the p. M. C. H. where he was medically treated. The cause of occurrence is stated to be that 10 to 12 days before there was some dispute over payment of tailoring charges. The police instituted the case and after holding investigation submitted charge sheet under section 394, I. P. C. against the petitioners and one Shekhar Rai, who is absconding.

(3.) ON pleading not guilty, the petitioners were tried in which prosecution examined seven witnesses and defence did not examine any body. The learned Judicial magistrate by his aforementioned judgment convicted the petitioners under section 394, i. RC. and sentenced them for two years R. I. The petitioner, being aggrieved by the said judgment, filed the aforementioned Criminal appeal in which the said conviction and sentence have been affirmed by the learned sessions Judge.