SURIN MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the judgment and order of conviction dated 17.6.1987 passed by 2nd Additional Sessions Judge, Munger in Sessions Trial No. 292 of 1983. They have been heard together and are being disposed of by this judgment.

(2.) The appellants of both the appeals have been convicted for the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 304 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 201 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years.

(3.) The prosecution case as stated in the first information report is that one Kamli Mahto gave his fardbeyan on 2.9.1982 at 6 p.m. before the Assistant Sub. Inspector of Police at Medni outpost that in previous night he, Ramji Mahto and Baunu Mahto, Parmeshwar Mahto, Khopti Mahto, Banarsi Mahto and Gopi Mahto were sleeping on machan in village Abhaypur to watch maize crops. After 12'0 Clock in the night the accused-persons le. the appellants came out of them, Mahendra Mahto asked his brother. Ramji Mahto, to come down from the machan as his bullock had got untied. Ramji Mahto refused to come down on which Suren Mistry, Sukhdeo Mahto and Ram Charan Ram dragged him from the machan and took him on a boat. Suren Mistry tied the hand of Ramji Mahto. Sukhdeo Mistry and Anandi Mistry tied the hands of Banarsi Mahto. Thereafter, they started searching (sic) his brother, Ramji Mahto. His headless dead body was recovered at about 3 p.m. on 2.9.1982 at a distance of half K.M. from the machan. His name was tattooed on his hand and on that basis he identified the dead body of his brother. They brought the dead body. The motive of the occurrence was old enmity for land.