MADAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Madan Mahto and Ramashish Mahto have been convicted under section 324/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years each. Appellant, Ramashish Mahto, has been further convicted under section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for one year. Both the sentences were ordered to run concurrently. Appellants, Ram Pravesh Mahto and Janardan Mahto have been convicted under section 323 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in brief, is that on 23.4.1986 the informant, Ram Prit Yadav, at about 5 P. M. had gone to Kohra Bridge to graze his she -buffalo alongwith Vijay Singh and Krishna Yadav. It has further been stated that his she -buffalo went up to the field of one Madan Mahto. Madan Mahto then came and hit the she -buffalow with grass scraper (Khurpi). The informant protested saying that the she -buffalo had not yet entered the onion field of the appellant, and hence the assault upon the she -buffalo was unwarranted. Thereafter the appellant, Madan Mahto became furious and started abusing the informant and thereafter there was a scuffle between them. It has been further alleged that the witnesses, namely, Vijay Singh and Krishna Yadav came there and intervened. Thereafter appellant, Madan Mahto called out his son and ordered to assault. It has been further alleged that the appellant Ramashish Mahto came out of the maize field and fired upon the informant, which hit in his thigh below the waist and the bullet passed out piercing the thigh of the informant. It has been further alleged that the other appellants also came armed with guns and Vijay Singh and Krishna Yadav wanted to lift the informant from the ground and they were subjected to assault with the butt of the guns by appellants Ram Pravesh Mahto and Janardan Mahto. On alarm being raised by the informant his villagers came there and having seen them the appellants fled away. Thereafter the injured informant was carried to his village by the witnesses and from there on a cot he was taken to Hospital for his treatment where his fardbeyan (Ext.1) was recorded. On the basis of his fardbeyan a formal F.I.R was drawn up. After completion of investigations the police submitted charge sheet against the appellants. Thereafter cognizance was taken and finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution is order to prove its case has examined altogether 5 witnesses. P.W. 1 is Krishna Yadav. P.W. 2, Vijay Singh is the nephew of the informant. P.W. 3 is Mahendra Singh. P. W. 4, Ram Prit Yadav, is the informant of this case. P.W. 5, Ashok Kumar, is a formal witness.