RIT LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six accused persons were put on trial by the learned 6th Additional Sessions Judge, Munger in Sessions Trial No. 324 of 1983. They had been charged together under Sections 302 and 149 of the IPC except acquitted accused Dwarika Mahto who was charged under Section 302 read with 120B of the Penal Code. The appellant Rit Lal Mahto was also separately charged under Section 302 of the Penal Code. The learned trial Judge while delivering the judgement on the 11th of February, 1988 acquitted accused Dwarika Mahto of the charges framed against him and found the five appellants of the two appeals guilty. Appellant Rit Lal Mahto was found guilty of committing offence under Section 302 of the Penal Code and was directed to suffer rigorous imprisonment for life. The two appellants Bhola Mahto and Parmeshwar Mahto-appeal of Jhupar Mahto and Lukhar Mahto having abated-were convicted of offence under Sections 302 and 149 of the Penal Code and each of them was directed to suffer rigorous imprisonment for life. The two appeals were preferred by them for challenging the conviction and sentences inflicted upon each of them.

(2.) We have heard the two appeals together and we are disposing of them by this common judgement.

(3.) P.W.8 Most. Paitri Devi, who happened to be the wife of the deceased Lakhan Mahto, gave her fardbeyan to the officer-in-charge of Chakai police station stating that she and her husband were sleeping outside their house by the side of the wall on two separate cots. The wife of the younger brother of the deceased, namely, Kaili Devi(P.W.2)was also sleeping with her child just near by. When it was about mid-night and when the moon had come out, she woke up on picking up the sound of arrival of some persons and found the eight accused persons named in the FIR there who were armed with lathi, farsa and tangi. They all came near the deceased who was sleeping. P.W.8 stated that accused Jhupar Mahto and Lukhar Mahto(died during the pendency of the trial) were armed with farsa, whereas appellant Rit Lal Mahto had a tangi in his hand. Other accused persons were armed with lathi.