DULAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) - These appeals are preferred by the appellants 1 to 11 who all stand now convicted under S. 302 read with S. 149 of the Indian Penal Code and sentenced each to undergo imprisonment for life. The High Court before which all the thirteen convicted accused filed their criminal appeal No. 5 / 75, dismissed the said appeal in respect of the 11 appellants herein but acquitted two convicted accused namely, Surdhan Mahto and Nanhu Mahto who were appellants Nos. 1 and 3 before the High Court.

(2.) According to the prosecution, the present appellants 1 and 11 along with some others caused the death of the deceased Puran Mahto on the midnight of 2nd December, 1971 whilst the deceased was in his Kumba at village Saram within the limits of Barmu Police Station. According to the prosecution, this Kumba was constructed under a big baniyan tree. The motive for the murder is that on an earlier occasion, the brother of the present deceased by name Ganesh had been murdered. The deceased Puran Mahto assisted the prosecution in that case in which some of the appellants before us were implicated as accused. On account of this earlier incident, the appellant entertained hostility towards the deceased Puran Mahto and resorted to put an end to the life of the deceased herein.

(3.) We heard learned counsel for both the parties and perused the records very scrupulously. The prosecution has examined P.Ws 4, 5, 6, 8 and 9 as eye-witnesses to the occurrence of whom P.W. 9 has been treated as hostile. P.W. 8 is the brother of the deceased. P.Ws. 3 and 9 were the servants of the deceased. P.W. 5 was a neighbour and he is an independent witness. At the time when the deceased was sleeping inside his Kumba (thatched hut), P.Ws. 3, 5, 6 and 9 were sleeping near about guarding the paddy at the deceased's khalihan.