RAM PUKAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five appellants have challenged the judgment of conviction and order of sentence dated 26.04.1988 passed by learned Ist Additional Sessions Judge, Begusarai in Sessions Case No. 117 of 1985/79 of 1985 where by and whereunder appellants have been convicted under Section 302/149 of the Indian Penal Code and have been sentenced to undergo life imprisonment. Appellants Bhabhichhan Sahni and Sheikho Tanti were further convicted under Section 148 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year whereas appellants Ram Pukar Mahto, Bishwanath Mahto and Asho Chaudhary have also been convicted under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently.

(2.) The prosecution case begins with the fardbeyan of Sukhdeo Sahni (P.W.5) recorded by Sub-lnspector of Police, B.D.Pathak of Teghara Police Station on 8.7.1983 at 3.00 A.M. at Pakthaul Chowk, to the effect that on 7.7.1983 in the after noon, the supporters of C.P.I. and C.P.M. were fighting between themselves when the informant was working in his maize field adjacent to Pakthaul Chowk along with his son Modo Sahni (deceased) and the villagers Sonelal Sahni (P.W.3),,Bhukal Sahni (P.W.4) and others. At about 5.00 PM on 7.7.1983 the informant saw 15-20 people coming from the village Kirthaul armed with lathi, pistol, gun etc. The accused persons were coming from west to east from which the informant identified Ram Pukar Mahto (appellant no.1), Bishwanath Mahto (appellant no.2), middle son of Kesho Pasi (appellant no.3) Asho Chaudhary, Bhibhichhan Sahni (appellant no.4)and Sheikho Tanti (appellant no.5), all resident of village Pakthaul, P.S.Teghara whereas the informant claimed to identify the others on seeing them, as all the accused persons were co-villagers of the informant. When the accused persons came near the informant, then one of them ordered to kill by addressing that "the enemy is present". On the said order, Asho son of Kesho Pasi (appellant no.3) assaulted with danda, Bishwanath Mahto (appellant no.2) with lathi and Ram Pukar Mahto (appellant no.1) with sharp weapon on the informant's son whereas Bhabhichhan Sahni (appellant no.4) and Sheikho Tanti (appellant no.5) resorted to firing as a result of which informant's son, Modo Sahni, fell down and died at the spot. On seeing this the informant got scared and ran towards the village but subsequently heard that the accused persons also killed two passersby of village Bariyadi at Pakthaul Chowk. The informant expressed the reason for the occurrence as his deceased son, Modo Sahni, was a witness in a murder case of Shivjee Sahni of village Pakthaul, hence the accused persons targeted him. It is claimed by the informant that the occurrence was seen by persons who were working in the field along with the ihformant. On the basis of the aforesaid fardbeyan (Ext.5), F.I.R. (Ext.6) was registered for offences under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

(3.) The police after investigation, submitted chargesheet against 18 accused persons. Thereafter, cognizance was taken and the case was committed to the court of Sessions where accused Bhabhichhan Sahni and Sheikho Tanti have been charged under Sections 302,148 of the Indian Penal Code and 27 of the Arms Act and all the 18 accused persons have been charged under Sections 302 read with Section 149 and 147 of the Indian Penal Code. The charges were explained to them to which they pleaded innocence. Hence trial proceeded.