BHUKTU MAHTO @ PAGAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted under Section 307 of the Indian Penal Code (hereinafter referred to as the Code) as well as under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for seven years under the first count and five years under the second count, both the sentences having been ordered to run concurrently.

(2.) It would be relevant and convenient to reproduce, in brief, the prosecution case as unfolded in the first information report and the evidence of the prosecution witnesses. The informant Wakil Mahto (PW 9) at about 6.00 a.m. on 8.11.1987 was going to his field situated in Kantnagar Diara area within the jurisdiction of Barari Police Station in Katihar district. He enroute to his destination arrived at the field of one Fokal Singh. Just then he happened to see the appellant coming from the opposite direction with a pipe gun in his hand. The appellant reaching near the informant (PW 9) opened fire upon him from a distance of 5 yards as a result of which he sustained gun shot injuries on his left ear. The informant fell down. However, he detected that the appellant was again loading his gun and thinking that he would not now spare him he dared catch hold of the gun. There ensued scuffle between the informant and the appellant and in the process the latter bit the former in his chest. Mahendra Mahto (PW 1), Ram Pukar Mahto (PW ), Soti Mahto (PW 3) and Daroga Mahto hearing the sound of firing rushed to the scene of incident. In the meanwhile the appellant detecting the arrival of the villagers disengaged himself from PW 9 and leaving his gun started fleeing away. However, the informant and the villagers succeeded in apprehending the appellant after a chase. He along with the pipe gun and an empty cartridge and a live cartridge which had been in his possession was taken to the Darwaza of Lakhan Chand Mahto.

(3.) The Officer-in-Charge of Barari Police Station (PW 4), who also investigated into the case arrived at the Darwaza of Lakhan Chand Mahto. PW 4 forwarded the informant as well as the appellant who had also sustained injuries on account of assault inflicted on him by the villagers at the time of his apprehension to the Hospital for their examination and treatment. He recorded the fardbeyan (Ext. 2) of the informant (PW 9) and took charge of the appellant and the aforesaid arm and ammunitions and prepared production-cum-seizure list in presence of the witnesses. On the basis of the fardbeyan, referred to above, the formal FIR (Ext. 1) was drawn up and Barari P.S. Case No. 140/87 giving rise to the instant case was registered against the appellant under Section 307 of the Code besides some other sections of the Code as well as under Sections 25, 26 and 27 of the Arms Act. PW 4 after completing investigation submitted charge-sheet and finally the trial commenced after commitment.