BACHCHU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant stands convicted under section 396 of the Indian Penal Code (The Code in short) and sentenced to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution, briefly stated, and as coming out of the fardbayan of Dina Nath Sharma (Exhibit -5) recorded at the place of occurrence on 2.6.1988 at 8.00 P.M. is that at about 5.30 P.M. the same evening while he and others were at Dalan he saw a number of persons including the appellant with fire arms in their hands, coming from Koiri Tola. The informant and others with him ran away and hid themselves behind a 'Peepal 'tree and they heard gun shots which continued for half an hour from the side of the house of Surendra Sharma, the deceased. When the incident ceased, they came and found Surendra Sharma dead with fire arm injuries, and the parents of the informant also lying injured. They were also intimated by the female inmates that a large number of people had entered into the house and had killed Surendra Sharma. The informant also found that the door of the 'dalan ' in the first floor was broken and articles on that rooms were scattered and rifle of the informant, the cartridges, and money were looted away. It was stated that the miscreants shouted slogans 'I.P.F. Zindabad" and fled away who, in the first information report, were termed as ' 'extremists. At the outset it may be stated, as noted in the judgment of the learned lower court also, that when charge sheet was submitted, this appellant was shown absconder but trial had commenced against nineteen other accused persons who were convicted. It was also noticed by the learned Sessions Court that an appeal so filed had been dismissed by this Court.

(3.) THE defence of the appellant was that he was falsely entangled, being a resident of the same village, because of enmity. A suggestion was given to P.W.3 that the enmity related to the land.