LALAN AHIR ALIAS LALAN YADAV Vs. STATE

JUDGEMENT

(1.) The above named appellants have preferred this appeal against the judgment of conviction and order of sentence dated 15th January, 1986 passed in Sessions Trial No. 119 of 1984/5 of 1984 by the learned 1st Additional Sessions Judge, Bettiah whereby and whereunder the appellants have been convicted under Sections 302/34 and 201 of the Indian Penal Code and they have been sentenced to undergo life imprisonment under Sections 302/34 of the Indian Penal Code and rigorous imprisonment for five years under Section 201 of the Indian Penal Code.

(2.) The prosecution case relates to an occurrence which allegedly took place in the night of 12th December, 1983. According to the fardbeyan, on that date the informant and others have gone to river Gandak for cremating mother of Narmadeshwar Mishra of village Chotarwa. While the informant Sahdeo Mahto, his son Rekha Mahto, Narmadeshwar Mishra, Chedi Ahir, Rama Ahir, Janki Nonia, Boran Ahir, Koshil Ahir, Lachuman Kohar, Kamta Hajam, Jamuna Yadav, Rama Thakur, Asharfi Thakur and Mahendra Mahto were returning after cremation and when they reached near the house of one Shivmangal Singh on the pitch road at 10.00 p.m. in the night then 20-25 persons having lahti, came and surrounded them and surrounded the tyre cart which was carrying the informant and his persons. They started assaulting indiscriminately to the informant's son Rekha Mahto by means of lathi The persons on the tyre cart tried to rescue the informant's son but they failed. In course of assault Biran Ahir, Koshil Ahir,. Jamuna Yadav, Rama Thakur and Rama Ahir received some injury by the assault of the lathi The miscreants removed Rekha Mahto from the cart on the ground and thereafter he was assaulted by means of lathi leading to his death. The dead body of Rekha Mahto was taken away towards the West, The informant has identified five persons out of mob of 22-25 persons. They were Lalan Ahir, Sugrib Ahir Guli Chaudhary, Manager Ahir and Shankar Chaudhary who were having lathi in their hands and they were participating in the occurrence. The motive of the occurrence was that the informant's village Asharfi Thakur and Jamuna Yadav were having land dispute with Tarkeshwar Singh of village Badgaon and in that dispute the informant's son was helping Asharfi Thakur and Jamuna Yadav which was not being liked. The accused persons being the servants of Tarkeshwar Singh have committed the murder.

(3.) The aforesaid fardbeyan resulted into registration of Bagaha P.S. Case No. 136 of 1983. The case was investigated into and after investigation charge-sheet was submitted. After completing para phernalia the case was committed to the Court of Sessions where the charges were framed and explained to the accused persons to which they pleaded not guilty and claimed to be tried.