RAM SAGUN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Facts which are not in dispute is commission of dacoity in the intervening nights of 26/27 November, 1997, in the house of Parmeshwar Mahto, and killing of two house inmates in the said transaction. Salient features of the prosecution case can, however, be noticed.

(2.) Prosecution was launched on behest of Parmeshwar Mahto with accusation that on the said night, unidentified miscreants, who were 20/25 in numbers holding firearms and iethal weapons having gained their access in inner apartment in his house assaulted house inmates, shot deed Bishundeo Mahto and Naresh Mahto, relieved female members of their ornaments and decamped with the booty which include ornaments, cash, wearing apparels, etc. As usual, investigation followed, in course of which Investigating Officer visited place of occurrence, recorded statement of witnesses, noticed dead bodies of Naresh Mahto and Bishundeo Mahto with copious blood at the place of occurrence, prepared inquest report over their dead bodies, got autopsy held by the doctor, seized empty shells of cartridges from the place of occurrence, got appellants and others remanded in Dalsinghsarai PS Case No. 190 of 1997, got test identification parade held, and on conclusion of investigation, laid charge-sheet before the Court.

(3.) At trial, State examined ten witnesses including house inmates, neighbours, doctor and also the Police Officer.