JANARDAN MAHTO @ BODHU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted tor the offence under Section 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment tor one year. He has also been convicted for the offence under Section 323 of the Indian Penal Code but no separate sentence has been awarded vide judgment and order dated 12.3.1987 passed by 9th Additional Sessions Judge, Munger in S.T. No. 64/81.

(2.) The case of the prosecution is that Ashok Prasad Mahto gave his fardbeyan that his father Misri Prasad Mahto had partitioned his property about two years ago. His brother Mitrajeet Mahto was cultivating the land of the share ot his father. His father, however, decided to cultivate the land himself and started cultivation due to which Janardhan Mahto @ Buddha Mahto, son of Mitrajeet Mahto, was aggrieved. On 16.10.1979 he ploughed his field and sowed Khesari crop. After sowing the crop, he along with his father was returning to his house at about 3 p.m. He was ahead of his father, Janardhan Mahto came from the house armed with lathi. Soon thereafter, his father raised alarm. On hearing alarm, he turned and saw that his father was lying on the ground and Janardhan Mahto, the appellant was assaulting him with lathi. He tried to save his father but he was also assaulted by the appellant with lathi. He raised alarm on which Parsidh Narain Singh, Bishnu Yadav, Chander Mahto, Kalo Yadav of village Amanatpur and Parmeshwar Yadav of village Hanumanganj came and saw the occurrence. They tried to catch Janardhan Mahto but he ran away. Some time, thereafter, Chaukidar Basant Paswan came and saw his father dead. The Chaukidar took him to the hospital.

(3.) On the aforesaid fardbeyan, Ext. 3, a formal First Information Report Ext. 4, was drawn. Investigation was taken up and on completion of investigation charge-sheet was submitted against the appellant. The Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellant for the offences as indicated above.