RAM SWAROOP MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals which arise out of the same judgment and order dated 19.12.1987 passed in Sessions Trial No. 20 of 1987/1 of 1987, have been heard together and are, therefore, being disposed of by this common judgment.

(2.) Doman Mahto, sole appellant of Criminal Appeal No. 20 of 1988 has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302, Indian Penal Code and remaining twelve appellants of Criminal Appeal No. 637 of 1987 have been convicted and sentenced to undergo rigorous , imprisonment for life each under Section 302 read with Section 149; Indian Penal Code. Besides this, appellant Doman Mahto and Sita Mahto have also been convicted under Section 148, Indian Penal Code but no separate sentence has been passed against them under this section.

(3.) The case of prosecution as disclosed by fardbeyan (Exhibit 3) of Nathun Manjhi, the deceased, in short, is that on the night between 25.3.1986 and 26.3.1986 at about 12 O'clock, there was agja ceremony (a ceremony held on the eve of Holi festival) in his village and he alongwith his villagers played with lukari (a torch of piece of wood with one end wrapped in cloth and socked in oil which is lit and held in the hand to give light). Some of villagers of informant went towards Kunwarbigha with lukaries and informant also, with his lukari, went upto the brother of village Kunwarbigha. His villagers, namely, Karu Manjhi (PW 1) Chandeshwar Manjhi (PW 2), Ratan Manjhi (PW 3), Badan Manjhi (PW 4), Basudev Manjhi (not examined) and others were also there. After throwing lukaries, informant and his villagers were returning to their village. In the way, residents of Yadav community of village-Kunwarbigha, who were sitting hidden in circle, surrounded the informant and his villagers and uttering that why they have thrown lukaries in their area, ordered to kill them. Appellant Mita Chaudhari, a villager of informant changed his side and joined the residents of Kunwarbigha and instigated them to attack. The villagers of informant started running but the informant lagged behind and appellant Mita Chaudhari, pointing out him, said that he was escaping on which all the appellants surrounded the informant and appellant Sita Mahato hurled garasa on informant but informant moved aside and, therefore, blow of garasa could not hit him and in the meantime, Doman Mahto gave a bhala blow on the abdomen of informant. The informant, after being injured, fell on the ground and other appellants assaulted him with lathis and, thereafter, they fled away. Appelant Mita Chaudhary also fled away with appellant Doman Mahto. The informant anyhow managed to come to his village from where his villagers took him to Magadh Medical College and Hospital where his fardbeyan (Exhibit 3) was recorded by Sub-Inspector of Police Ekram Alain (PW 11) on 26.3.1986 at 3.30 a.m. in the Emergency Ward of Magadh Medical College and Hospital. On the basis of fardbeyan (Exhibit 3) of informant, formal First Information Report (Exhibit 5) was drawn against appellants under Sections 147, 148, 149, 326 and 307, Indian Penal Code. Later on when the informant succumbed to injuries, Section 302, Indian Penal Code was added in the First Information Report. The police, after investigation, submitted charge-sheet against all the appellants and co-accused Rajendra Mahton and Maheshwar Mahton under Sections 147, 148, 149, 323 and 302, Indian Penal Code. After taking cognizance, the case was committed to the Court of Session where the charges under Sections 148 and 302/149, Indian Penal Code were framed against all the appellants. In addition to this, appellant Doman Mahto was further charged under Section 302, Indian Penal Code After trial, all appellants were found guilty and they were convicted and sentenced, as indicated above. Co-accused Rajendra Mahto and Maheshwar Mahto were not found guilty and they were acquitted.