JAGGARNATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted for the offence under Sec. 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 22.12.1986 passed by 2nd Addl. Sessions Judge, Bettina in S.T. No. 14/81.

(2.) THE occurrence took place on 2.8.1980. One Briksh Yadav gave his fardbeyan on the same day at about 7.30 a.m. that at about 4 a.m. he had taken his cattle for grazing. When he reached near his Held he saw that his brother was being assaulted by several persons with fist, slaps and lathi. He identified only 14 persons out of them. He protested on which they tried to assault him and as such he left his she -bufallo and went to his house. He disclosed about the occurrence to the villagers: He again along with Hardeo Rant, Bindeshwari Raut, Bhukhal Raut came and found Jawahir Ahir, Bhuti Raut, Hari Narain Raut at the place of occurrence. They disclosed that accused Amichand Mahto, Nathu Mahto and Jaggarnath Mahto took Chandra Raut on his she -bufallo towards the Police Station. He went to the Police Station but he was informed that his brother Chandra Raut was in hospital. He went there and learnt that his brother Chandra Raut died 10 -15 minutes before. The motive of the occurrence was that about one yeafago accused Suraj Mahto had taken Rs.

(3.) ,000 from deceased Chandra Raut for doing -contract Work with, a condition that he will give half of the profit but the neither gave half of the profit nor returned the principal amount. Due to the aforesaid reason there was Panchaiti and the appellants have committed the crime. 3. On the basis of fardbeyan; formal First Information Report was drawn, investigation was taken up, on completion of investigation charge -sheet was submitted, cognizance was taken and he case was committed to the Court of Session for trial. During pendency of trial Amir Chaud Mahto and Nathu Mahto died. The trial Court convicted the appellants for the offence as indicated above. However, during pendency of the appeal appellants Singal Thakur, Suraj Mahto and Deoki Mahto died and as such their appeal stood abated.