BINDESHWAR MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three appellants have been convicted and sentenced to undergo imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code. Appellant Sidheshwar Mahton has further been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. Although appellant Sidheshwar Mahton was also charged for the offence under Section 27 of the Arms Act, but there is no conviction under that count since this charge had failed.

(2.) The case of the prosecution, in brief, is that on 30.7.1982 at about 8.30 p.m. the informant along with his sons Rajendra Mahton and Ramnath Mahto, his wife Munaki Devi, the daughter-in-law Savitri Devi and the mother Suraji Devi was sitting in his Baithaka. The informant's elder brother Bhagwat Mahton (deceased) was tying she-buffalo and his another son Ashok Kumar (PW 5) was tying a pari (she-calf of the buffalo). In the meantime, accused Bindeshwar Mahton armed with lathi, Kalendra Mahton with country-made gun, Brijnandan Mahton armed with garasa and Sidheshwar Mahton armed with country-made gun, arrived there. Accused Bindeshwar Mahton ordered to kill whereupon accused Kalendra Mahton fired at Bhagwat Mahton, who fell down and succumbed to the injuries. Appellant Brijnandan Mahton again ordered whereupon appellant Sidheshwar Mahton fired from his country-made gun, which hit Ashok Kumar (PW 5) on his chest, wrist and neck. On hulla raised by the informant and other family members, several persons including the witnesses arrived at the place of occurrence and saw the accused-persons fleeing away. Thereafter, the informant along with his injured son Ashok Kumar and others rushed to the police station where the fardbeyan was recorded. Immediately thereafter, Ashok Kumar was sent to Hilsa Hospital for treatment but ultimately having regard to the serious injuries, he was referred to Patna Medical College Hospital, Patna, for treatment.

(3.) The defence of the accused-persons as would appear from their statements, recorded under Section 313 of the Code of Criminal Procedure as well as the trend of crqss-examination to the prosecution witnesses appears total denial of the allegations. The police as would appear from the material on record after recording the First Information Report, visited the place of occurrence, prepared inquest report and also examined the witnesses and ultimately having found a prima facie case, submitted the charge-sheet. The Chief Judicial Magistrate, Nalanda, on receipt of the charge-sheet, took cognizance of the offence and ultimately committed the case to the Court of Sessions, calling upon the accused-persons to face trial.