PAREMAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are eleven Appellants in all in this batch of appeals. Two of them namely Bajrangi Mahto and Kanhaiya Mahto are reported to have died during pendency of the appeal, accordingly their appeal stands dismissed as abated.

(2.) The Appellants have been convicted under Section 302/34 of the Penal Code and sentenced to rigorous imprisonment for life. The prosecution of the Appellants was set in motion on the fardbeyan- also treated as dying declaration-of Barho Singh of Village Bharay, PS Fatehpur, District Gaya.

(3.) The prosecution case briefly stated is that in the night of 27/28.4.84 Barho Singh was sleeping on a cot in the sahan in front of his darwaja. His two sons. Parshuram Singh and Vishram Singh, brother Kuli Singh and one Junab Khan were also sleeping nearby. At about midnight Barho Singh woke up on receiving injury by sharp cutting weapon on his cheek. He saw the Appellants standing there with farsa, garasa and lathi. While Naresh Mahto and Anant Mahto had garasa in their hand, Rameshwar Mahto had farsa and other Appellants had lathi in their hands. Naresh Mahto gave first blow by a garasa on his cheek. Thereafter Rameshwar and Anant Mahto also gave blows by farsa and garasa. He tried to ward off the blow with his right hand as a result of which he received injuriesjn his right hand and two of the fingers were sut. Thereafter other Appellants also assaulted with their weapons. On shout his sons and brother woke up and came to his rescue. The Appellants fled away. Barho Singh claimed to have identified the Appellants in the light of the lantern.