RAJESH MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Rajesh Mahto who has been found guilty for an offence punishable under Section 328 IPC, 379 IPC vide judgment dated 17.01.2012 and sentence d to undergo R.I. for seven years as well as also fined appertaining to Rs.500/ - in default thereof to undergo R.I. for six months additionally, R.I. for two years respectively under each head vide order of sentence dated 18.01.2012 passed by Additional Sessions Judge, FTC -II, Samastipur in Sessions Trial No.506 of 2010 / 284 of 2011 challenged the same under present appeal.

(2.) RAJESH Paswan (PW -1) gave his fardbeyan on 20.06.2010 at about 07:30 AM. at Platform No.1 of Darbhanga Junction before police officials of G.R.P. Darbhanga disclosing therein that he along with his maternal brother Vikash Paswan, aged ab out 12 years proceeded from Delhi on 18.06.2010 through Vaishali Express and reached at Samastipur on 19.06.2010 at 07:00 P.M. where they began to wait Katihar Passenger at Platform No.6. At that very time two young chap in between 25 to 30 years came near them and inquired from him regarding his destination. He ha d disclosed that he has to go to Hayaghat over which they also disclosed that they will also go there. At about 10:00 P.M. Katihar Passenger came. All of them boarded. Subsequently thereof , one of them offered tea as well as mixture. After consuming the same, he along with his brother gone to deep sleep. After regaining his sense he found himself at Darbhanga Station. While his brother still happens to be unconscious. He began to search his belongings and during course thereof , he found one of them along with his article in a train standing at Platform No.3 where upon he raised alarm and with the help of passengers, the aforesaid miscreant was apprehended along with article and has been produced before the police. It has further been disclosed that the apprehended accused had disclosed his identity as Rajesh Mahto while Kranti Sahni as his accomplice who manage to escape. It has further been disclosed that save and except cash appertaining to rupees five thousand, all his belongings were intact. It has further been disclosed that he had given the fardbeyan in presence of his brother -in -law Ajay Kumar Paswan (PW -5).

(3.) THE defence case as is evident from mode of cross - examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence as well as false implication. However, neither any DW nor any exhibit has been brought up on record.