DULAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals are preferred by the appellants 1 to 11 who all stand now convicted under section 302 read with section 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 appellant Nos. 1 and 3 before the High Court.

(2.) ACCORDING to the prosecution, the present appellants 1 to 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.) ADMITTEDLY , the appellant Nanhu Mahto (appellant No.3 before the High Court since acquitted), Mahip Mahto and Sadhwa Oraon (appellant Nos. 2 and 11 in the present appeal) were injured and in fact it is admitted by the defence that these accused persons were attacked by the deceased and his men. In other words, the presence of the above three persons at the scene of occurrence cannot be doubted. PW 4 who is an independent witness and against whom no motive is established speaks of the presence of Nanhu Mahto, appellant No.6 (Gopi Mahto), appellant No.9 (Lakkan Mahto) and appellant No. 11 (Sadhwa Oraon).