JAI NARAIN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these two appeals arise out against judgment of conviction and sentence dated 8 th March, 1988 passed by 4 th Additional Sessions Judge, Bhojpur at Arrah in connection with Sessions Trial No.146 of 1980 whereby and whereunder appellant Amirhand Mahto has been found guilty for an offence punishable under Sections 302, 148 of the Indian Penal Code as well as 27 of the Arms Act while the remaining appellants, namely, Jainarain Mahto, Shyamlal Mahto and Sudarshan Mahto have been found guilty for an offence punishable under Sections 302/149, 148 of the Indian Penal Code and 27 of the Arms Act and all of them have been sentenced to undergo R.I. for life under Section 302/149 of the Indian Penal Code as also one year R.I. each for offences punishable under Section 148 as well as 27 of the Arms Act respectively, which have been directed to run concurrently.

(2.) Kalika Singh, PW-5 had given his fardbeyan (Exhibit-2) on 02.10.1979 at about 10 AM at village-Bajen before the Officer-incharge, Charpokhari Police Station stating inter alia that on the same day at about 07:00 A.M. his father Baleshwar Singh since deceased Lakshuman Singh, Tapeshwar Singh, Raj Kumar Singh, including himself were engaged in conversation relating to agricultural work while sitting at the Darwaja of Lakshuman Singh. He has alleged that all of a sudden Amirchand Mahto armed with rifle, Dularchand Mahto armed with gun, Jainarain Mahto armed with gun, Sudarshan Mahto armed with gun, Chandeshwar Mahto armed with rifle, Uma Thakur armed with gun, Shyamlal Mahto armed with gun, all having his co-villagers came and stood in the southern side to Shiv Mandir situated West to Dalan of Lakshuman Singh. According to him they had come towards southern side and no sooner of their arrival. Amirchand Mahto opened fire which was followed by indiscriminate firing by others. The informant had claimed that the firing made by Amirchand Mahto had hit over the neck of his father who fell down and also died instantaneously at the spot. The informant had also stated that he along with others had hidden themselves inside Dalan for their safety and in fact none of the villagers could even dare to come forward on account of indiscriminate firing resorted by the appellants and others. The informant has also stated that what the accused persons heard sound of jeep belonging to police official they had a hasty retreat and had fled way. The motive for such occurrence according to the informant was that since his father happened to be a wrestler and the accused persons were all having a bad reputation they were aggrieved on account their having scolded / chided by his father from time-to-time.

(3.) On the basis of the aforesaid fardbeyan of the informant, Piro (Charpokhari) P.S. Case No.2 of 1979 was registered leading to investigation of the case by the police which after completing had submitted a charge sheet where the appellants along with others were put on trial and convicted and sentenced by the impugned judgment giving rise to these two appeals.