DINESH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. Eight persons in all were put on trial, four were acquitted.

(2.) THE case of the prosecution is that on 28.5.94, Mahasundari Devi, the informant of the case, and her family members went to sleep after taking meal in their house in village Moglaha within Babubarhi Police Station of Madhubani district. At about 11 P.M. her husband Laxman Thakur who was sleeping in the Dalan called his younger brother Rajendra Thakur who was sleeping inside the house. Rajendra Thakur went to open the door. The informant and her daughter Rina Kumari followed him. As soon as Rajendra Thakur opened the door they saw four persons standing with weapons. One of them wearing black full pant (trouser) and check shirt opened fire. Rajendra Thakur fell down. To protect him the informant fell over his body and told the miscreants to take away the valuables but not harm her Devar. The miscreant in black full pant ordered to kill the informant 'shusband and Devar i.e. Laxman Thakur and Rajendra Thakur. On this the miscreant wearing white full pant gave 3 -4 dagger blows on Rajendra Thakur. One of the miscreants assaulted the informant with Lathi on her back and shoulder. Laxman Thakur was also assaulted with lathi and rod. 4 -5 miscreants entered the house and looted the house effects for about 15 minutes. The villagers raised alarm whereafter the miscreants who were 20 -25 in number, fled away with the looted articles. In the meantime several villagers including Binod Thakur, assembled there. By the time Rajendra Thakur had succumbed to his injuries. Laxman Thakur was also unconscious. The informant stated that the miscreants had looted ornaments, Sari and cash after breaking open the boxes and Godrej almirah. The particulars of the articles would be given by wife of Rajendra Thakur and her Jaut Ashok Kumar and his wife, and sister who had gone to Darbhanga for medical treatment. The informant gave description of physical appearance of the miscreants, their clothings and the weapons. The informant stated that miscreants were conversing in Hindi and Maithli languages. She claimed that she as well as her family members could identify the miscreants as well as the looted articles. According to the informant the miscreants were identified in the light of lantern and also torchlight and moonlight.

(3.) AT the trial the prosecution examined 12 witnesses to prove its case. The material witnesses are P.W. 1 Binod Kumar, P.W. 2 Mahendra Thakur, P.W. 3 Rina Kumari, P.W. 4 Laxman Thakur and P. W. 5 Mahasundari Devi, Binod Kumar Thakur, it may be mentioned here itself, is co -villager and an independent witness, while others are family members of the deceased/informant. Mahendra Thakur is the son -in -law of the informant, Rina Kumari is daughter of the deceased, Laxman Thakur is brother of the deceased and husband of informant, and Mahasundari Devi is the informant herself. P.W. 11 Subhash Chandra Mishra was examined as formal witness. The remaining witnesses are official witnesses. P.W. 6 Chandrika Ram and P.W. 7 Pramod Kumar Singh are judicial officers who had conducted the test identification parades. P.W. 8 Dr. B.N. Jha is a doctor who had conducted the post mortem of RajendraThakur, P.W. 12 Dr. Prahlad Singh is another doctor who had examined the injuries on Laxman Thakur and informant Mahasundari Devi, P.W. 9 Indu Kant Choudhary, P.W. 10 Awadh Kishore Singh, as mentioned above, are the Investigating Officers.