MOHANMAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 302, I. P C., and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence punishable under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years on such count. The sentences have been ordered to run concurrently.

(2.) Prosecution case, in brief, is that on 26th May, 1990, at about 5 p.m. informant Rajo Paswan (PW 9) was having his bath on a 'Chapakal' (Handpipe) in the compound of middle school situated south of his village Darma, P. S. Kowakol, District Nawadah. His cousion Pradeep Paswan, aged 9 years, and some boys were playing near by. At that time appellant Mohan Mahto armed with a pistol and Naro Mahto having a Khanti arrived. Approaching nearby, Naro pointed out towards Pradeep and ordered for assault Mohan who in the meantime had arrived very close, opened fire. The projectile did hit Pradeep who fell down injured. The other boys fled away. Rajo rushed towards fallen Pradeep, lifted him and Pradeep succumbed to his injury. Rukmani Devi (PW 2) who had come to fetch water also witnessed the occurrence. Arjun Paswan (PW 3), Vijay Paswan (PW 8), Janki Thakur and others rushed from the village and saw the fleeing assailant.

(3.) F.I.R. was lodged at Kowakal police station 13 kms. away on the same date at 8 p.m. Police, on completing investigations, submitted charge-sheet against Mohan and Naro who, in due course, were put on trial before the 2nd Additional Sessions Judge, Nawadah. He framed charges against both under Section 302 read with Section 34, I. P. C., besides a charge under Section 27 of the Arms Act against Mohan Mahto. On a consideration of the materials on record, the learned Additional Sessions Judge acquittal Naro but convicted Mohan for the offences punishable under Section 302, I. P. C. and Section 27 of the Arms Act and sentenced him, as above.