RAJDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 24th January, 1989 passed in Sessions Trial No. 17/1983 / 150/1980 by the learned 1st Additional Sessions Judge, Aurangabad, whereby appellant nos. 1 to 4 have been convicted for the offence under Section 302 of the Indian Penal Code whereas appellant nos. 5 and 6 have been convicted for the offence under Section 302/149 of the Indian Penal Code and they all have been sentenced to undergo R.I. for life. Appellant No. 1 has further been convicted for offence under Sections 307 and 326 of the Indian Penal Code and has been sentenced to undergo R.I. for seven years and three years respectively. Appellant Nos 1, 2, 3, 5 & 6 have further been convicted under Section 148 of the Indian Penal Code and appellant no. 4 has been convicted under Section 147 of the Indian Penal Code but no separate sentence has been awarded for these offences.

(2.) The prosecution case is based upon the fardbeyan of Ganga Dayal Mahto (P.W.-5) which was recorded on 31.1.1980 at 2:30 p.m. at Kataria Badhar situated south -west of village-Mamrejpur by Md. Ayub Shah, Officer-in-Charge of Daud Nagar Camp police station. It is alleged that while the informant together with his father Inder Mahto (deceased), Bindeshar Ram (P.W.-6) and Inderdeo Mahto (P.W.-4) was ploughing his land appertaining to plot no. 206 in Village-Mamrejpur, the accused persons who were his co-villagers being variously armed with "Garasa?, Bhala, Barchi, Katari, Lathi and pistol forming an unlawful assembly came there and forbade them from cultivating the land in question. The informant defied their dictate and told them that the plot in question was decreed in his favor by the competent court. An altercation took place between the parties. Upon this, being annoyed, it is alleged that appellant no. 1 Rajdeo Mahto and appellant no. 2 Narad Mahto inflicted several injuries by Garasa upon head and left hand of the father of the informant. When Inderdeo Mahto (P.W.-4) tried to intervene, Rajdeo Mahto and Narad Mahto are alleged to have assaulted by Garasa upon his head. Further, appellant no. no. 3 Suba Mahto and appellant no.6 Dina Mahto are alleged to have assaulted Inderdeo Mahto (P.W.-4) by Spear and "Barchhi" respectively. Ramautar Mahto (appellant no.5) is alleged to be present at the scene of crime with a pistol in his hand. Co-accused Bhulan and Ramdeni Mahto (appellant no. 4) who were armed with Lathi are alleged to have assaulted father of the informant Inderdeo Mahto on his both shoulders. Co-accused Dayali Kumhar is alleged to have assaulted Bindeshwar Ram (P.W.-6) by "Katari? which hit him on his right hand. Appellant No. 1 Rajdeo Mahto is alleged to have caused injury by means of Gandasa upon Bindesar Ram (P.W.-6) on his left leg. Co-accused Chandradeo Mahto is alleged to have indiscriminately assaulted P.W.-4 Inderdeo Mahto by "Lathi? causing injury on his shoulders and waist. Co-accused Pahlu Thakur and Prem Thakur are also alleged to have assaulted indiscriminately by Lathi upon P.W.-4 Inderdeo Mahto.

(3.) It is stated in the oral statement of informant that on alarm being raised Jichhori Manjhi, Santoshi Yadav, Jamuna Mahto, Ramnath Mahto, son of Rohan Mahto and another Ramnath Mahto, resident of Village-Rambigha, Pratap Mahto and others reached at the place of occurrence from neighboring field. They not only witnessed the occurrence but intervened too in order to pacify the dispute. In the meantime, the Officer-in-Charge of the police station together with a contingent of armed force and police personnel reached at the place of occurrence, as a result of which the informant claims that he could be saved and the accused persons fled away. The motive behind the occurrence is alleged to be long standing dispute with respect to land appertaining to plot no. 206 between the parties and a proceeding under Section 107 Cr. P.C. was going on between them. On the basis of aforesaid oral statement of the informant Ganga Dayal Mahto (P.W.-5), a formal F.I.R. was drawn on the same day at 8:30 p.m. by Md. Ayub Shah. The case was initially registered under Sections 147, 148, 149, 324, 323, 307 of the Indian Penal Code against altogether 11 accused persons including the six appellants.