CONGRESS MAHTO AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants who are four in number were tried for commission of various offences along with Kanthe Mahto, Duble Mahto and Niran Mahto (since acquitted) for causing death of Sen Prasad Dogra and Bhagwati Dogra and for committing an offence for attempting to murder P.W. 1 Bijay Kumar Dogra and for causing voluntarily hurt to other persons.

(2.) On 10-9-1985 at 9.15 hours, P.W. 20, the Officer-in-charge of Saraikella Police Station received a message from the Saraikella Hospital whereby he was informed that four persons had been brought to the said hospital for treatment and out of them two persons, namely, Sen Prasad Dogra and Bhagwati Dogra had already died. Upon receipt of the said information, a station diary being station diary entry No. 171 was made by Shambhu Sharan Singh (P.W. 20) and he proceeded to the hospital.

(3.) On 10-9-1985 P.W. 12, Ajay Kumar Dogra gave a fardbayan before P.W. 20 aforementioned alleging inter alia therein as follows:-