TIWARY MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 3.7.1998 passed by 5th Additional Judicial Commissioner, Ranchi in S.T. No. 487 of 1994 whereby and whereunder, the appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution in short, as per the written report of P.W. 1 Sahdeo Mahto, is that on the date of occurrence i.e. 16.3.1994 at 6 p.m. while he and his wife were irrigating onion crop in their Bari, the appellant (Tiwary Mahto) came there and took the deceased, a small child aged about three months, from informant's wife and thrown him into the well. The informant had tried to rescue the child but he could not survive.

(3.) THE police took up investigation of the case and on completing the investigation, police submitted charge sheet against the appellant under Section 302 of the IPC.