SHAILENDRA MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both these appeals are directed against the judgment dated 27/6/1997 and order dated 30/6/1997 passed by 1st Additional Sessions Judge, Madhepura in Sessions Case No. 21 of 1993, therefore, they have been heard together and are being disposed of by this common judgment.

(2.) Appellants Shailendra Mahton, Sunder Mahton, Gopal Mahton, Yogendra Mahton and Sikendra Mahton of criminal appeal No. 292 of 1997 have been convicted under Sections 147/323, Indian Penal Code (In short IPC) and were directed to execute a bond of Rs. 5,000.00 with two sureties of the like amount each for maintaining peace and good behaviour for a period of one year and appellant Shiv Nandan Mahton of criminal appeal No. 368 of 1997 has been convicted and sentenced to undergo rigorous imprison-ment for life under Section 302, IPC and rigorous imprisonment for five years under Section 27, Arms Act.

(3.) The case of prosecution, in short, is that on 1/5/1991 at about 6 a.m. Umda Devi (PW 3), the mother of informant alongwith his cousin Pramila Kumari and three to four other women had gone to work in her bataidari field of Mung (blackgram) and jute crop. Some labourers of appellant Sunder Mahton were found passing through that field on which she raised protest that because of their crossing through the field, the crops of the field were being damaged and asked them to go through the road. There was exchange of hot words between her and labourers who went back in the village and thereafter, all the appellants with some others armed with lathi, bhala and country made firearms came there. Getting information of this by some village women, the informant Devnandan Mahto (PW. 6) alongwith his uncle Brahmdeo Mahto (PW 1) proceeded towards his field but in the way, his uncle returned back but he went to his field and on seeing him, appellant Sunder Mahton asked his companions to assault him on which he ran towards east side of his field. In the meantime, Panna Lal Mahto, father of informant alongwith Brahmdeo Mahto (PW 1), Feku Mahto (not examined), Abhinandan Prasad Yadav (PW 5) and one to two others came there. Appellant Sunder Mahto then asked his com-panions to assault father of informant on which the appellants surrounded him in the field of Baljit Mahto and assaulted him with lathis and appellant Shivnandan Mahton, by putting his pistol on belly, fired from it. In course of saving father of informant the uncle of informant also received injuries. On hearing the sound of firing, neighbouring villagers ran towards place of occurrence and all the appellants and their companions fled away. Informant then went near to his father and with the help of villagers brought him to the darwaza of villager Baljit Mahto and put his father on a cot and, thereafter, his father died. The informant, on the same day at about 1 p.m., went to police station and lodged the first information report (Exhibit-3). The police, after investigation, submitted charge-sheet against the appellants and against Jagdish Mahton, Raj Kumar Mahton, Bhutto Mahton and Lab Mahton but they all four, after trial, were found not guilty and were acquitted.