GOPAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) PROSECUTION case initiated on fardbeyan of the victim (informant) P.W.2 is that at about 8.00 pm. informant was taking meal (litti) at Bakri Bus Stand, Khagaria in front of Betel Shop of one Shankar. In the meantime, 4 accused persons including appellants namely, Bijo Mahton, Gopal Mahto and Ramsaran Mahton caught hold the informant and then accused Kirandeo Mahton and Bijo Mahton blew their knife repeatedly with intention to kill him. Alarm was raised on behalf of the informant nearby persons gathered there and accused persons fled from the place. Informant fell unconscious and was removed to Khagaria Hospital where his fardbeyan was recorded at about 10.35 pm. by the local Police.

(2.) REASON behind the incident is said refusal to withdraw a complaint case filed on behalf of the informant. One of the accused persons namely, Kirandeo Mahton absconded, so charge-sheet was submitted showing him absconder and rest three including appellants appeared to face the trial which ended in conviction to them for the offence under Sections 307/34, 324/34 and 341 of the I.P.C. but a single sentence is awarded for all the three offences by passing the impugned judgment and order validity of which has been questioned through filing this appeal.

(3.) NO doubt, it is prudence of the prosecution to get examined independent eye witnesses of the case and in this case, they are named in the charge- sheet also. Further, there is no doubt that informant is injured of the case and more reliable than anyone if circumstance does not allow for false implication. A case filed on his behalf certainly was pending in the Court but that has been shown cause of action in the case that appellants were insisting to withdraw the complaint. Informant refused to withdraw and for that only, the attack was made otherwise also enmity cuts both way.