SITARAM MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Thirteen persons were prosecuted for diverse offences, including rioting, grievous hurt and murder before the Sessions judge, Gaya. One of them was acquitted and twelve were convicted'. Only one, namely, Sitaram Mahton, was convicted under S. 302 of the Indian penal Code and sentenced to rigorous imprisonment for life. The others were variously convicted under Sections 147, 148, 323,324, 325 and 326 of the indian Penal Code and sentenced to different terms of imprisonment, the highest being five years. All of them, however, were convicted with the aid of S. 149 under S. 326 and sentenced to five years' rigorous imprisonment. To sum up, Silaram Mahton received in the aggregate life imprisonment and the others, five years' rigorous imprisonment under S. 326 read with S. 149. Only four of the twelve persons, whose appeals failed in the High court (except for some slight modifications) have appealed to this court.

(2.) The occurrence is stated to have taken place on 10/07/1962, at about 12 noon in village Mamaka Khaira within the jurisdiction of Aurangabad police station, situated nine miles away. In the occurrence, one Badri mahton was injured and died. Other persons, namely, Jagdish Mahton, kuldip Mahton and Khalif Mahton received either simple or grievous injuries or both. The Sessions court convicted each person for his overt act and punished him substantively for that offence. Invoking S. 149 read with section 326, Indian Penal Code, the Sessions court convicted each of the twelve accused and sentenced each of them to imprisonment for five years.

(3.) The dispute which led to this occurrence concerned a field No. 567 which according to the prosecution case belonged to Ramsewak and his father Chanarik, two of the four appellants. A part of this plot was exchanged eight years before the incident for another plot by Ramsewak and chanarik. Possession of plot No. 567, therefore, came to Khalif and kuldip. Khalif and Kuldip erected a Baharghara over the plot and also filled certain ditches and levelled the ground. The exchange was said to be oral. Later, the party of the accused wanted to rescind the exchange and to take back plot 567 from Khalif and Kuldip. It is in the attempt to lake this plot back that the present occurrence is said to have taken place. According to the prosecution case, the party of the accused, variously armed, attacked Badri, Jagdish, Kuldip and khalif, causing injuries. As a result of his injury, Badri died at the very spot. The prosecution rase, therefore, was that the accused formed an unlawful assembly the common object of which was to take unlawful possession of plot no. 567, including the Baharghara and to assault Badri, Jagdish, Kuldip and khalif. lii furtherance of the common object, offences under S. 323, 324,325 and 326, Indian Penal Code, were committed and the murder of badri took place. It may be mentioned that Badri received only one injury on his back with a Gandasa, which was caused to him by Sitaram Mahton. The others used either a stick or a Gandasa and only caused grievous injury to whomsoever they assaulted.