PRASAD MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant along with his father Sheo Mahato was tried for offences under S. 302/ 34, I.P.C. by the learned Addl. Sessions Judge. Both were convicted for the said offence and sentenced to suffer imprisonment for life. On appeal to the High Court of Patna, Sheo Mahato was acquitted and the conviction of the appellant was altered from under one Section 302/ 34, IPC to the one under S. 326, I.P.C. and he was sentenced to suffer rigorous imprisonment for five years. The appellant has filed this appeal by special leave against his conviction and sentence as recorded by the High Court.

(2.) On 18th of November, 1973, at about noon time, according to the prosecution case, the appellant Prasad Mahato armed with a balua and his father Sheo Mahato, armed with lathi went to the house of Bishun Mahato and inflicted injuries on his wife Rajpatia, who succumbed to the same and died. The husband of the deceased Bishun Mahato was the only eye-witness but unfortunately he died before the commencement of the trial and could not be examined. The First Information Report of the occurrence was lodged by PW-7 Bhola Mahato, son of the deceased at about 9.00 p.m. on the same day.

(3.) The prosecution sought to establish the case against the appellant and his father at the trial by evidence of Bhola Mahato and the other prosecution witnesses, namely Naku Sao PW-2 and Manaugi Sao, PW-3, who are the immediate neighbours of the deceased and had deposed at the trial that on learning about the murder of Rajpatia and having seen the appellant leaving with a blood-stained balua from the house of the deceased along with his father Sheo Mahato armed with a lathi, they proceeded towards the house of Bhola Mahato to inform him about the murder of his mother since Bhola Mahato was living in a separate house. Before Naku Sao PW-2 and Manaugi Sao, PW-3 could reach the house of Bhola Mahato, it transpires that Bhukhan Chamar had already reached his house and informed him of the murder. As Bhola Mahato, PW-7, was going to the house of his parents, he met Naku Sao and Manaugi Sao on the road who also gave him the information as noticed above. The post-mortem on the deceased was performed by Dr. S. P. Mukherjee who, however, was not examined, but the post-mortem report was proved at the trial.