RAJBANSHI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant was tried by the learned Additional Sessions Judge, 6th Court, Saran at Chapra, in Sessions Trial No. 255 of 2000 for the charge under Section 302 of the Indian Penal Code and by judgment dated 22.4.2002, was found guilty of committing that offence. The learned Judge, after hearing the appellant on sentence, passed the order on 26.4.2002 directing the appellant to suffer rigorous imprisonment for life as also to pay a fine consequent upon being convicted for the offence under Section 302 of the Indian Penal Code.

(2.) It was further directed that in case of default in paying the fine, the appellant would have to suffer another term of imprisonment for three months. The above judgment of conviction and order of sentence are being assailed in the present appeal. The appellant filed this appeal from Jail. While taking up the same for admission, the Court appointed Shri Asit Kumar Jha, Advocate, as Amicus Curiae, by its order dated 3.2.2003. Shri Jha appeared for the appellant in the present appeal at the final stage of hearing.

(3.) THE prosecution case as contained in Ext. 4, the Fardbeyan of the deceased Ajit Kumar Ojha; is that the deceased and P.W. 2 were proceeding to offer their prayers in Dharmnath temple and when they had reached near Lalkothi, accused Butan Mahto (since dead), appellant Rajbanshi Mahto and an unknown came and asked the appellant as to where his son Nunu Ojha alias Sanjeev Ojha was. The above named son of the deceased was a witness against the accused persons in a murder trial for alleged commission of the murder of one Kanhaiya Mahto. The deceased told the accused persons that his son had been in Bombay upon which they asked for the address of his son in Bombay. In the meantime, accused Butan Mahto started giving blows with Danda and this appellant Rajbanshi Mahto dealt a blow on the deceased with a knife with an intention to kill him which hit the deceased on his abdomen and the deceased got injured. On hulla, many persons converged upon the place of occurrence and, as such, the accused persons ran away from there. The deceased was, thereafter, shifted by Bishwanath Singh, P.W. 2, and Ram Charan Singh, P.W. 3, to Sadar Hospital, Chapra where the deceased was treated.