PATNA HIGH COURT ISSUES JUDGMENT ON KISHORI MAHATO AND ORS. V/S THE STATE OF BIHAR

PATNA, India, April 13 -- Patna High Court issued the following judgment on March 11:

1. Learned Advocate-on-Record for the appellants/accused has failed to appear on repeated dates. Accordingly, this Court has appointed Mr. Atul Dayal, learned Advocate, as amicus curiae to assist in the disposal of the appeal.

2. Heard Mr. Atul Dayal, learned Amicus Curiae appearing on behalf of the Appellant and Mr. Abhay Kumar, learned APP for the State.

3. The present appeal has been filed under Sections 374 (2) of the Code of Criminal Procedure challenging the judgment of conviction dated 10.02.2011 and order of sentence dated 14.02.2011 passed by the learned Additional Sessions Judge-4, Gaya arising out of Sessions Trial No.317/2009/518/2006 arising out of Buniyadganj P.S. Case No.13/2006 whereby and whereunder the appellants have been convicted for the offence punishable under Section 307/34 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for ten years under Sections 307/34 of Indian Penal Code along with fine Rs.1000/- each.

4. Being aggrieved by and dissatisfied with the aforesaid judgment of conviction and order of sentence, the appellant has preferred the present appeal before this Court. The appellant has assailed the impugned judgment primarily on the ground that the learned trial court failed to appreciate the evidence available on record in its proper perspective and has wrongly recorded the conviction of the appellant despite the existence of serious contradictions and deficiencies in the prosecution case.

5. The prosecution story, in brief, is that one Krita Devi, wife of Sri Nathun Mahato (Appellant no.3), is the informant of the case. On 25.02.2006 at about 7:00 P.M., when the informant returned to her house after selling vegetables, Nathun Mahato (Appellant no.3), Kishori Mahato (Appellant no.1), and Ranjan Mahato (Appellant no.2) came there. Nathun Mahato allegedly demanded Rs. 1,000/- from the informant and, upon her refusal to give the said amount, Kishori Mahato and Ranjan Mahato allegedly abused the informant in filthy language and instigated Nathun Mahato to kill her. Thereafter, the said Nathun Mahato attacked the informant with a knife, as a result of which she sustained injuries on her chest, hand, and other parts of the body.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MjQjMzQ0IzIwMTEjMSNO-innVItZRA58=)

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