KIRTI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are five appellants. All of them are convicted under Section 302 read with Section 149 Indian Penal Code and sentenced to undergo imprisonment for life for causing the death of one Ram Lakhan Prajapati. Two others Bina Mahto and kaushalaya Devi were also tried with them but Bina Mahto died during the trial whereas Kaushalaya Devi was acquitted by the trial court. The appeal filed by the five accused was dismissed by the High court. Hence the present appeal.

(2.) The prosecution case is as follows: the deceased and the material witnesses belong to the same village. On 25/08/1983 at about midday the deceased was going towards Devi Mandap for grazing his buffalo. When he reached near the Devi Mandap, accused kaushalaya Devi raised alarm and called her father, brothers and husband and told them that the deceased was going from there and he should be killed. On her alarm Kirti Mahto, Bhagwan Mahto and Sarju Mahto came there armed with garasa in their hands, Dasrath Mahto and son-in-law of Bina Mahto of Barasatia amarika Mahto came there armed with barchha. Bina Mahto was armed with lathi. He also came there running and all of them started beating the deceased indiscriminately. Kaushalaya Devi was also present with a lathi in her hand. She raised an alarm thereupon Public Witness 2 who also witnessed the occurrence, along with pw 1 and Public Witness 4 came to the place of occurrence. Public Witness 2 went to the police station having noticed that the deceased was dead on the same day and he gave a report at about 5. 00 p. m. The A. S. I, recorded the FIR and registered the case. He came to the scene of occurrence, held the inquest and sent the dead body for post-mortem. The doctor found five injuries and he opined that the death was due to shock and haemorrhage. After completion of investigation charge-sheet was filed in the court.

(3.) The prosecution mainly relied upon the evidence of Public Witness I, Public Witness 2, Public Witness 4 and Public Witness 7, the eyewitnesses. The accused when examined under Section 313 criminal Procedure Code denied the offence and pleaded that the persons belonged to the group of pw 11 killed one Sukan Bhuian and persons of Sukan Bhuian in turn murdered the deceased. The trial court rejected the plea of defence and accepted the evidence of the eyewitnesses but acquitted Kaushalaya Devi since she did not take part in the occurrence. Bina Mahto died during the trial. The remaining five accused were thus convicted.