STATE OF BIHAR Vs. MUKUL MAHTO

JUDGEMENT

(1.) THIS appeal under Sec. 378 of the Criminal Procedure Code by the State of Bihar is directed against the judgment dated 2nd February, 1990, in ST No. 37 of 1985 passed by Sri Piyus Xess. the then 1st Addl. Sessions Judge, Dhanbad, acquitting the respondents/accused of the charge under Secs. 302/34 of the Indian Penal Code and Secs. 307/34 of the Indian Penal Code. The informant Gulu Mahto has preferred Cr. Revision No. 61 of 1990 (R) against the said acquittal of all the opp. parties/accused in the above mentioned ST No. 37 of 1985. Both the appeal and the revision arise out of the common judgment and order which have been heard together and are being disposed of by this common judgment.

(2.) BRIEFLY put, the prosecution case, as made out in the First Information Report, lodged by Gulu Mahto the informant (PW -10) with Baliapur police station on 13.8.1984 at 8 a.m. is as under: On 12.8.1984 at about 7.30 p.m. while the informant was sleeping in his house, his brother Bistu Mahto (the deceased) visited his house to borrow his bullock. As soon as Bistu Mahto came out of the house, after talk with the informant, all the five accused (the respondents/opp. parties herein) waylaid him and started to abuse him. The deceased retorted and exchanged abuses with them. Whereafter the accused -persons assaulted and wounded the deceased with Lathi and Tangi (axe). On alarm, the informant, including Golak Mahto (PW -3) Kirtan Mahto (not examined), Laxman Mahto (PW -8) and Jim Mahto (PW -7) rushed from their house to save the deceased, but the accused -persons variously assaulted them as well as the informant with Lathi and Kulhari. It is further stated that Jaleshwar Mahto, Asu Mahto, Suphan Modi (not examined) and some other villagers had also witnessed the occurrence. The further prosecution case is that injured (Bistu Mahto) who has sustained bleeding head injury and the other injured, namely, PWs 3, 7, 8 and Kirtan Mahto were carried with the help of the villagers and admitted to the State Dispensary, Baliapur for treatment where from the deceased and PW -3 (Golak Mahto) whose condition was serious were shifted to Sindri FCI hospital and after two days the deceased succtimbed to the wounds in the hospital which undergoing treatment.

(3.) ON the basis of the First Information Report the case originally came to be instituted under Secs. 341, 323, 324, 506, 34 of the Indian Penal Code. The investigation commenced, the police officer visited and inspected the place of occurrence. On 15.8.1984, Bistu Mahto died of the wound(s) in the hospital at Sindri, whereafter Secs. 302/34 of the Indian Penal Code was added in the case. The inquest over the dead body was held by the police officer at Sindri Police Station and the dead body was sent for post -mortem examination to the hospital. On completion of investigation, charge -sheet was laid in Court against all the accused -persons. The motive for the occurrence, as alleged, is that there was on going dispute and litigation for the landed property between the family of the informant and the accused Pahlan Mahto and Durga Mahto.