DIWALI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, Diwali Mahto has preferred this appeal against the conviction and sentence dated 28th January, 1988 passed by the First Additional Sessions Judge, Patna in Sessions Trial No. 658 of 1985 by which the sole appellant has been convicted under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 201 of the Indian Penal Code and both the sentences were directed to run concurrently.

(2.) THIS appellant has been tried along with three other accused persons for the offences under Sections 328, 302, 201/34 of the Indian Penal Code. However, except this appellant other three accused persons have been acquitted and this appellant has also been acquitted of the charges under Section 328 of the Indian Penal Code for administering poison.

(3.) PROSECUTION story as unfolded in fard beyan (Ext 1) is that on 7.8.1984 the appellant Diwali Mahto came to the house of the informant and asked for Rs. 10,000/ - but the informant expressed his inability to pay. Again on 8.9.1984 the appellant sent his wife Munni Devi to bring the money from her father who on refusal to pay told that in case money would not be paid she might be killed by her husband and his family members. On the next day the appellant himself came to the informant and again demanded money and the informant again expressed his inability, upon which he became furious and threatened to teach lesson to him within a week. The informant called several villagers including Rajendra Prasad Mahto (PW 4), Ram Kripal Sao (PW 3) and others before whom also the appellant gave threatening to the informant.