SHIBU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Revision No.488 of 2002 and Criminal Revision No.489 of 2002 are directed against the Judgment and Order dated 16.4.2002 passed by the 1st Additional Sessions Judge, Samastipur, whereby the learned 1st Additional Sessions Judge, Samastipur, dismissed the Criminal Appeal No.50 of 1990/49 of 1994, preferred by the petitioners of Criminal Revision No.488 of 2002, and Criminal Appeal No.47 of 1990/47 of 1994, preferred by the petitioners of Criminal Revision No.489 of 2002 and one Ram Pukar Mahto, against the Judgment of conviction and Order of sentence dated 20.4.1990 passed in Sessions Trial No.13 of 1987/78 of 1987 by the 2nd Assistant Sessions Judge, Samastipur, with modification in their sentences. As such, both the Criminal Revisions have been heard together and are being disposed of by this common Judgment.

(2.) THE prosecution case is based upon the fardbeyan(Ext.1) of the informant, Raj Kumar Mahto (P.W.7) as recorded on 5.6.1985 at about 11.00 A.M. at Sub Divisional Hospital, Dalsingsarai, by the Sub Inspector of Police, N.P. Singh, of Police Station -Dalsingsarai. The informant, Raj Kumar Mahto (P.W.7) gave his fardbeyan to the effect that he alongwith his uncle, Ayodhya Mahto (P.W.3), and Janardan Mahto (P.W.2), the son of Ayodhya Mahto, reached on 5.6.1985 at about 7.00 A.M. to his Plot No.2421 to sow the maize crops and was mixing the manure in the soil. At about 7.30 A.M., his villagers, Sonelal Mahto armed with bhala, Ram Pukar Mahto armed with bhala, Ramdeo Mahto armed with lathi, Gulten Mahto armed with lathi, Jaddu Mahto armed with lathi, Shibu Mahto armed with bhala, Rajo Mahto armed with lathi and Bisheshwar Mahto armed with lathi, came there. Sonelal Mahto asked them to move from the field claiming the land of his own but he alongwith his uncle and uncle s son denied to leave the field. Then Sonelal Mahto gave the bhala blow on the back of Ayodhya Mahto and Ram Pukar Mahto gave bhala blow from the front on Ayodhya Mahto causing injury on his stomach. Shibu Mahto gave the bhala blow twice at him causing injury on his head. Ramdeo Mahto, Gulten Mahto, Jaddu Mahto, Bisheshwar Mahto and Rajo Mahto, gave lathi blow at Janardan Mahto causing injury on his back, waist and legs. He and his uncle also sustained lathi injuries in that course. In the meantime, his villagers, Laxmi Mahto (P.W.4), Umakant Mahto (P.W.5) and Bhaglu Mahto (P.W.6) came there and intervened, then the aforesaid accused persons fled away from there. Thereafter, he alongwith others rushed to hospital for treatment and due to grievous injuries caused to Ayodhya Mahto and Janardan Mahto, they were sent to D.M.C.H., Darbhanga.

(3.) ON the basis of the fardbeyan of the informant, Raj Kumar Mahto (P.W.7), Dalsingsarai P.S. Case No.101 of 1986 was instituted against the aforesaid accused persons under Sections 147, 148, 149, 307, 324 and 323 of the Indian Penal Code and Bharat Kant Jha, the Officer Incharge of Police Station -Dalsingsarai, took up the investigation, who after recording the statements of the witnesses, collecting the injury reports of the injured and completing other formalities submitted the chargesheet against the accused persons and, accordingly, the case was committed to the court of sessions for trial.