DIWANI MAHTO @ DEWANIMAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) EIGHT accused persons including two appellants were tried for committing the offence under sections 148, 149, 307, 326, 325, 324 and 147 of the Indian Penal Code. The learned 2nd Additional Sessions Judge, Giridih vide his judgment dated 24th June, 1997 in S.T. no. 47 of 1993 acquitted the accused persons namely Dwarikha Mahato, Babulal Mahto, Munshi Mahto, Mohan Mahto, Bhushan Mahto and Baasuki Mahto from the charges levelled against them. The appellant no. 1 Diwani Mahto @ Dewani Mahto was convictad for committing the offence under section 326 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for five years and appellant no. 2 Bilash Mahto was convicted for committing the offence under section 324 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for two years.

(2.) BEING aggrieved by the said conviction and sentence, the appellants have preferred the present appeal.

(3.) ALTOGETHER eight witnesses were examined on behalf of the prosecution in order to prove the charges.