BIRU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals have been preferred against the common Judgment and Order passed on 25th/26th of May, 1999 in Sessions Trial No. 56/96 by the then learned Additional Sessions Judge I. Nalanda at Bihar Sharif.

(2.) THE appellant, Suresh Prasad and Sudhir Mahto have been convicted and sentenced to R.I. for life under Section 302 of the Indian Penal Code and R.I. for five years under Section 27 of the Arms Act. They have further been convicted under Sections 302/149 of the Indian Penal Code but no separate sentence was passed on this count. The sentences awarded to both the appellants have been ordered to run concurrently. The appellants, Biru Mahto, Ram Nandan Prasad alias Ramnand Prasad and Ram Itar Mahto have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to R.I. for life.

(3.) ON 19.6.1995 at 5.30 a.m., S.I., U.S. Prasad, O/C of Noorsarai Police Station, the I.O. of this case, PW 9, recorded the fardbeyan (Ext. No. 4) of the informant, Kaushalya Devi in P.O. Village Horil Bigha, P.s. Noorsarai, District Nalanda. On the basis of her fardbeyan a formal FIR (Ext. No. 5) was drawn up and a case was registered .:nder Section 302 of the Indian Penal Code and Section 27 of the Arms Act against the six accused persons, namely, Suresh Prasad, Sudhir Prasad, Biru Mahto, Khemajeet Mahto, Ram Nandan and Ram Itar and Police switched over to the investigation of the case. PW 9, Uday Shankar Prasad, the I.O. of this case visited the P.O., prepared inquest report of the dead bodies of Sudama Prasad (Ext. No. 6) , Surendra Prasad (Ext. No. 6/1) and Virendra Prasad (Ext. No. 6/2) and sent them for post -mortem examination, he recorded the statements of the witnesses, obtained the postmortem reports and charge -sheeted all the six accused persons for trial. After cognizance and commitment of the case all the six accused persons were put on trial for the charges under Sections 302/149 of the Indian Penal Code and Section 27 of the Arms Act. In course of trial the accused, Khemajeet Mahto died and so the proceeding against him was dropped. The trial ultimately culminated in the conviction and sentence of the five accused -appellants as discussed above.