REMNUMABTO ALIAS REYANUMABTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Remnu Mahto, Shiv Shankar Mahto and Jogeshwar Mahto have been convicted under Section 302 read with Section 34 of the Indian Penal Code (for short I. P. C.) and sentenced to rigorous imprisonment for life and a fine of Rs. 1000/- each and in default to undergo simple imprisonment for one year. They havt also been convicted under Sections 148 and 452, I. P. C. but no separate sentence has been given to them. Five other accused Madhusudhan Mahto, Gopal Mahto, Bhuneswar Mahto, Lalit Mahto and Saileshwar Mahato have been acquitted of all the charges.

(2.) A first information report (Ext. 2) was lodged on 12-12-1979 at 8.30 a. m. at police station Sonua by Bimala Mahtain (PW 1) where she had gone along with her father Dasarath Mahto, Gauri Mahto, Janm Jag Nayak, Dhirendra Mahto and Chaukidar Bhola Nath Tanti. She has stated in the said report that last night after taking food she, her father, Dashrath Mahto (since deceased) son Dhaneshwar Mahto (deceased in this case) and daughters were sleeping in the house after closing the door. Her mother also after taking her meal went to the old house to sleep. At about 12 in the night a voice came from outside asking to take notice from Chaibasa Court. On hearing the same she and her son Dhaneshwar Mahto taking the lamp opened the door and went out. Three appellants, namely. Remnu Mahto, Shiv Shankar Mahto, and Jogeshwar Mahto armed with swords pushed her son inside and said that they had filed oases in respect of land in the courts. Then the appellants, namely, Remnu Mahto and Shiv Shankar Mahto began to give sword blows to her son. She raised alarm. Then Jogeshwar Mahto gave her sword blow at her head. Outside the house many people with swords were standing, namely, Bhuneshwar, Gopal Mahto, Lalit Mahto. Madhusudhan and Saileshwar Mahto, the five acquitted accused and one Rajan (who died during the trial) entered the house with swords and assaulted her father Dashrath who was trying to escape. Then the accused ran away. On her alarm none came as her house is at a lonely place. After going away of the accused she saw her son dead. Her father went to the old house situated in the middle of the village and brought her mother, Chaukidar Bholanath Tanti, Janm Jag Nayak, Dhirendra Mahto (who is now dead) and others. The occurrence was seen by her, her daughter and house boy Madhu Shankar Das.

(3.) On the basis of this first information report investigation of the case was taken up by Atul Kumar Karkatta (PW 11) who went to the place of occurrence, being one and half kilometer from the police station. He prepared the inquest report (Ex. 4) and sent the dead body for postmortem examination. He also found blood scatter upto khalihan. He seized the blood stained earth. He prepared injury reports of the informant and her father and sent the injured also for medical examination. After completing the investigation he submitted charge-sheet.