ARJUN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though seven persons including the appellant were put on trial on accusation of executing killing of Degan Thakur, the appellant alone suffered conviction under Section 302 of the Indian Penal Code (IPC) and was sentenced to suffer imprisonment for life, others having been acquitted of the charges under Section 302/149, IPC, in a finding recorded by 4th Additional Sessions Judge, Nalanda at Biharsharif, which is impugned in this appeal.

(2.) Factual matrix as appearing from the fardbeyan of Ram Rati Devi (PW 7), wife of the deceased Degan file ://D :\Prograrn Files\Crirnes\database\aa\aa\2003 (2) Crimes 350 .htm 8/5/2006 Thakur, and also narrations made by the witnesses at trial, are that during evening hours of 15th January, 1976, the appellant alongwith others (who have been acquitted of the charges), holding arms, came in front of door of her house and hurled abuses and exhorted Degan Thakur to come out of the house to meet his tragic end. Deceased Degan Thakur alongwith his wife Ramrati Devi, on hearing the call, came in the courtyard of the house. Shortly thereafter, it was the appellant, who took recourse to firing causing injuries to Degan Thakur on his left arm and also left abdominal region and dropped on the ground rolling in pains. Screaming of Ramrati Devi collected villagers who were Tannu Paswan (PW 2), Rewa Thakur (PW 5). Dhani Dusadh (PW 1) and others. The injured was carried to Nagarnausa hospital where the doctor declared him dead. The dead body of Degan Thakur was subsequently brought to the police station where fardbeyan of Ramrati Devi was recorded by Shri J.N. Singh, SubInspector of Police, Nagarnausa Outpost, at about 1.30 hours on 16th January, 1976 on strength of which first information report was drawn up at Chandi Police Station and investigation commenced, during which, Investigating Officer took a number of steps to ascertain bona fide of accusations attributed to the appellant and others. The Police Officer recorded statement of witnesses, prepared inquest report, sent the dead body of the deceased to mortuary for post mortem examination, inspected the place of occurrence and on conclusion of investigation, laid charge sheet before the Court. In the eventual trial that commenced, the State examined altogether nine witnesses including wife and son of the deceased, host of other witnesses who showed their familiarity with the facts of the incident, the Police Officer and also the doctor who held autopsy over the dead body of the deceased.

(3.) Defence of the appellant had been denial of his complicity, and persisting feud between the parties was suggested to be the reason for false implication. The witnesses too were attributed to have deposed falsely, they being partisan to the deceased and inimical, to the appellant. The trial Court, however, on marshalling the evidences, while acquitted rest of the charges, recorded finding of guilt against the appellant and sentenced him in the manner stated above.