SUBHASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment of the High Court whereby the High Court confirmed the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed upon him.

(2.) On 01.10.1988 at about 10.00 p.m. the complainant -Suresh Kumar while proceeding towards his home took deceased Ramanand Mahto on the scooter along with Ram Briksh Mahto. All of them proceeded to their house. At about 10.30 p.m. to 11.45 p.m., when they reached in front of the tea stall of Lalan Mahto situated at Begampur Mandai Mohalla, accused - Ramachandra Gareri and his father Lachhu Gareri started attacking deceased Ramanand Mahto with Bhujali and Dab respectively. The appellant - Subhash Mahto and others namely, Asmani Mahto, Rishi Mahto, Uma Nath Mahto, Subhash Mahto, Rameshwar Mahto, Bijendra Mahto, Ramroop Mahto, Dukhit Mahto are alleged to have caught hold of the deceased- Ramanand Mahto and, thereafter, Lachhu Gareri and Ramchandra Gareri chopped the head of the deceased by their weapons. On seeing PW-2 (Ram Briksh Mahto) and PW-1 (Santosh Kumar) coming to the spot of occurrence. The accused persons dragged the headless body and threw nearby ditch. The appellant-accused viz. Subhash Mahto is said to have packed the severed head in a plastic bag and ran away with the accused - Ramachandra Gareri.

(3.) Based upon evidence of eye witnesses Suresh Kumar (PW5) and Ram Brikesh Mahto (PW-2), the Trial Court convicted Ramachandra Gareri and Lachhu Gareri under Section 302 IPC and others under Section 302 read with Section 34 IPC and under Section 201 IPC and sentenced them to undergo life imprisonment. In appeal, the High Court gave benefit of doubt to Anant Lal Mahto, Rishi Mahto and Asmani Mahto and confirmed the conviction of the other accused.