Introduction

The Patna High Court partly allowed a criminal appeal filed by Raj Kumar Mahto, who had been convicted under Section 304 Part II of the Indian Penal Code and sentenced to ten years' rigorous imprisonment for causing the death of a person during a Jhula Puja incident. The prosecution alleged that the appellant pushed the deceased to the ground and twisted his neck, resulting in injuries that later proved fatal.

Appearing as Amicus Curiae, Advocate Shubhangi Pandey argued that the prosecution case suffered from material contradictions, unreliable witness testimonies, delay in lodging the FIR, lack of independent corroboration, and doubts surrounding the alleged dying declaration. The Court examined the evidence in detail and found significant inconsistencies in the prosecution's case. It also observed that the element of intention was absent and that the prosecution had failed to clearly establish the knowledge required under Section 304 Part II IPC.

While upholding the conviction, the Court reduced the sentence from ten years' rigorous imprisonment to the period already undergone by the appellant, approximately three and a half years, and ordered his discharge.

Case Title:- Raj Kumar Mahto Vs. The State of Bihar 

Case No:- Criminal Appeal (SJ) No. 587 of 2011