NAGO AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) UNDER the judgment, dated 23.05.2008, passed, in Sessions Trial No. 240 of 2003/53 of 2005, by learned Additional Sessions Judge, Fast Track Court No. III, Nawada, while the accused -appellant, namely, Nago @ Nageshwar Mali, stands convicted under Sections 302 and 307 of the Indian Penal Code the accused -appellant, Karu Mali, stands convicted under Section 326 of the Indian Penal Code. For his conviction under Section 302 of the Indian Penal Code, while the accused -appellant, Nago @ Nageshwar Mali, has been sentenced, under the order, dated 26.05.2008, to suffer imprisonment for life, he has been sentenced, for his conviction under Section 307 of the Indian Penal Code, to undergo rigorous imprisonment for a period of 7 (seven) years. For his conviction under Section 326 of the Indian Penal Code, accused -appellant, Karu Mali, has been sentenced to undergo rigorous imprisonment for a period of 5 (five) years and pay fine of Rs. 5,000/ - and, in default of payment of fine, undergo simple imprisonment for a period of 6 (six) months.

(2.) THE case of the prosecution, as unfolded by the First Information Report, may, in brief, be described thus:

(3.) IN support of their case, prosecution examined as many as 10 (ten) witnesses. Accused were, then, examined under Section 313(1)(b) of the Code of Criminal Procedure and, in their examinations aforementioned, both the accused denied that they had committed the offences, which were alleged to have been committed by them, the case of the defence being that of denial and that they had been falsely implicated in the case. It is also case of the defence that the prosecution party entered into the house of Nageshwar Mali to commit dacoity and, in the encounter, both parties suffered injuries and Kishori Mali succumbed to his injuries. It is the further case of the defence that though the prosecution case is that the occurrence took place at the door of the house, the blood was found in the gali or lane and, hence, the prosecution witnesses have not revealed the truth on record.