LAWS(PAT)-2000-7-127

BOUDA MAHTO (BANDA MAHTO) Vs. STATE OF BIHAR

Decided On July 13, 2000
Bouda Mahto (Banda Mahto) Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This appeal, at the behest of the appellants Bouda Mahto (Banda Mahto), Bhogan Mahto, Dhana Mahto (Ghana Mahto) @ Dhanath Mahto, Jaimani Devi and Nanda Mahto is directed against the judgment and order, dated 2nd August, 1989 in S.T. No. 4/84 passed by Shri P.N. Yadav, the then 3rd Addl. Sessions Judge, Hazaribagh, whereby and whereunder, they have been convicted under Section 302 read with Section 149, IPC for constructive liability in committing the murder of Khiru Mahto and sentenced to undergo RI for life, thereunder. Further, they have been convicted under Sections 147 and 323, IPC but no separate sentence has been passed on these two counts.

(2.) The convicts Ram Nath Mahto and Rusu Mahto too had preferred appeal which abated on their death during pendency of the appeal.

(3.) Briefly put, the prosecution case as made out in the fardbeyan (Ext. 3) of Pohu Mahto (PW 2) recorded by the police officer (PW 6) on 24.11.1981 at 11.45 a.m. at Tuti Jharna Raffaral Hospital is as under : On 23.11.1981, the informant, Khiru Mahto, the deceased brother of the informant, Mishri Mahto (PW 3), Jagdish Mahto (who died during pendency of the trial) and Lalku Mahto (PW 1) harvested the paddy crops raised by them on 6.34 acres of their land situate at village Karma, within PS Mandu, and when they were loading the harvested crops after making into bundles on a bullock-cart at about 5 p.m., the appellants along with co-accused Rusu Mahto and Ramnath Mahto (who are dead) and Lalku Mahto and Jaleshwar Mahto, who were facing trial in the children's Court, suddenly arrived variously armed with knife, sipaha and bahangi. They abused the prosecution party and accused the informant and other members of the prosecution party for harvesting their crops. They set on the prosecution party. Accused-appellants Bhogan Mahto and Ghana Mahto assaulted Khiru Mahto, the deceased, with sipaha on his head, while accused Jaimani Devi dealt with chura blow to him on his cheek. Further, accused Bhogan Mahto and Banda Mahto (Bouda Mahto) struck with sipaha on the head of Mishri Mahto (PW 3). Appellant Banda Mahto struck with balmngi on the head of the informant (PW 2), while the other accused assaulted him from behind. Jagdish Mahto (who died during pendency of the trial) and Lalku Mahto (PW 1) were assaulted by accused Ghana Mahto, Rusu Mahto (who is dead) and Nanda Mahto with sipaha on their heads. The village chowkidar arrived, who seized the paddy crops and brought injured-informant (PW 2), PW 1, PW 3 and Khiru Mahto to Tuti Jharna Hospital, where they were examined on the night of 23.11.1981. P.N. Ram, the then police officer attached to Kuju Out-Post on getting out-door slip proceeded to Tuti Jharna Raffaral Hospital and recorded the fardbeyan (Ext. 3) of Pohu Mahto on 24.11.1981 at 11.45 a.m. at the hospital, transmitted it to officer-in-charge, Mandu PS for institution of the case and in the meantime he assumed investigation of the case. On the basis of the fardbeyan, the present case came to be instituted, formal FIR (Ext. 4/1) was drawn up, Investigating Officer (PW 6) visited and inspected the place of occurrence, injured Khiru Mahto succumbed to the injuries in the hospital on 26.11.1981 while undergoing treatment. The police officer held inquest over the dead body and sent it for post-mortem and on completion of investigation charge-sheet was laid in Court against the accused-appellants and others under various Sections of the Indian Penal Code including Section 302, IPC.