ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals, arise out of same judgment of conviction and sentence were heard together and are being disposed of by this common judgment.

(2.) ALL the appeals are directed against the judgment of conviction and order of sentence dated 13.9.2000 passed by the First Additional Sessions Judge, Chaibasa in Sessions Trial No. 329/98, whereby and whereunder the learned Sessions Judge held the appellants guilty under Sections 341, 376(2)(g) IPC and 3(2)(V) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced them separately to serve RI for life on both counts. No separate sentence has been passed under Section 341 IPC. The appellants are further sentenced to make payment of Rs. 2000/ - each and in default of payment to undergo RI for one year. However, sentences were directed to run concurrently.

(3.) FARD beyan of PW 3 was recorded by SI D. Manjhi at RIT on 12thJuly, 98 at about 10.30 PM, on the basis of which Adityapur (RIT) P.S. Case No. 116/98 dated 12.7.98 was registered under Sections 376/341/34 IPC. The investigation was immediately taken up by S.I., D. Manjhi, P.O. was visited, incriminating articles were recovered from the PO and appellant Krishna Mahto was arrested in the morning of 12/13thJuly, 98. The police finally submitted chargesheet against six persons including one Fulo Lohar, whose case was later on separated for separate trial, as he was found to be juvenile. All the appellants were charged by the trial court under Sections 376(2)(g), 341 IPC and 3(2)(V) of SC ST Act. The appellants pleaded not guilty and claimed false prosecution. However, the learned trial court, after examining witnesses, found and held all the appellants guilty under Sections 376(2)(g.) IPC and 3(2)(V) of SC ST Act and sentenced them as aforesaid.