RAJJU MAHTON (DEAD) Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal arises out of the judgment of conviction so passed by the learned Additional Sessions Judge, XIII, Patna, in Sessions Trial 322 of 1986 dated 18th of May, 1987, by virtue of which all the abovenamed seven accused-appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life; whereas accused-appellant Harangi Mahton and Ramchandra Mahton also stood convicted under Section 148, IPC and sentenced to undergo R.I. for two years; whereas others, namely, Shyamdeo Mahton, Kishori Mahton, Suresh Mahton son of Mahabir Mahton and Suresh Mahton son of Bale Mahton and furthermore convicted under Section 147, IPC and sentenced to undergo R.I. for one year. It will, however, not be out of place to mention that accused-appellant Rajju Mahton, who was also convicted by the judgment under challenge under Sections 148, 302/34, IPC and 27 of the Arms Act but because of. his death taking place on 12.6.2000 vide order dated 17.8.2000 so passed in this criminal appeal as against Rajju Mahton one of the accused-appellant the present criminal appeal stood abated. The sentences, however, so passed by the learned Court below are directed to run concurrently.

(2.) It will be pertinent to note that in course of trial altogether fourteen accused-persons faced the trial; out of whom seven persons got acquitted of committing offence and the accused-persons acquitted are Rajendra Mahton, Sheo Mahton, Bharat Mahton, Gaya Mahton, Raghubir Mahton, Kewal Mahton and Briksh Mahton alias Ram Briksh Mahton.

(3.) The first informant in this case is Makhiya Devi (PW 9) wife of deceased Kailash Pasv n. According to her, as detailed in the fardbeyan (Ext. 2), she along with her husband Kailash Paswan, daughter Sudha Kumari (PW 5) while packing the bundles of paddy sidlings in the field of Bisheshwar Mahto (not examined) in village Badlu Chak, P.S. Bhadaur, district Patna, on the 10th of September, 1985 at about sixteen hours when the accused- persons variously armed came to the field of Bisheshwar Mahto where the bundles of the paddy sidlings were in process of packing by the first informant, her husband and daughter and on seeing the accused-persons, Kailash Paswan (since deceased) wanted to flee away towards sbuth but at that time Rajju Mahton one of the accused, who had died in course of the pendency of this criminal appeal, fired from his pistol hitting the left calf of Kailash Paswan. It is the further case of the prosecution that even after receiving the pellet injuries Kailash Paswan continued to move further towards south as to escape future assault and could see accused Rajendra Mahto and Sheo Mahton who are not the appellants here and who have been acquitted, armed with rifle and even started threatening him as a result of which out of fear Kailash Paswan fell down in the field of one Lala Babu and at that time, as per the first informant (PW 9), she being confined and her movement was so restrained by accused Raghubir Mahton, Brij Mahton and Kewal Mahton, who are not the appellants here, because of they being acquitted. Bharat Mahton and Gaya Mahton, the accused who being acquitted are also said to have been keeping a watch having rifle in their hands at that time. When Kailash Paswan is said to have fallen down in the field of Lala Babu, as per the prosecution case, accused-appellant Harangi Mahton, who was carrying bhala, inflicted bhala injuries on the person of Kailash Paswan hitting his right leg. Accused-appellant Ramchandra Mahton, who was carrying saif at that time is said to have inflicted injuries on Kailash Paswan hitting his head, hand and the portion of forehead. Other accused-appellants, namely, Shyamdeo Mahton, Kishbri Mahton, Suresh Mahton son of Mahabir Mahton and Suresh Mahton son of Balo Mahton, who are said to have been carrying lathis in their hands also, as per the first informant, assaulted her husband Kailash Paswan (since deceased) hitting the thighs of her husband as a result of which fracture was so caused. This is also incorporated in the fardbeyan so recorded by PW 10, Sugnath Ram/the investigating officer of this case, that Sudha Kumari, the daughter of the first informant, made hue and cry as a result of which Sheo Balak Paswan (PW 2) and Barho Paswan (PW 8) also arrived at the place of occurrence, who had also an occasion to see the occurrence, particularly, the assault so inflicted by the accused-appellants on her father Kailash Paswan. The accused-persons are said to have fled towards north-east. Makhiya Devi also incorporated that there was enmity coming on between the members of the prosecution side and the accused- persons as a result of which her husband was so done to death. It is because of the cumulative effect of the injuries so inflicted and sustained as per the prosecution story Kailash Paswan breathed his last in the field of Lala Babu itself. PW 5 has also given the cause of delay in reporting the matter by going to the police station because of the accused-persons not allowing her or any of her family members to report the matter at the police station.