LALAN MAHTO AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - This appeal is directed against the judgment of conviction and order of sentence dated 21.08.1990 passed by the learned 4th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No.126/33 of 1985/90 by which the appellants have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sections 302/34 of the Indian Penal Code.

(2.) Baban Mahto (P.W.11) gave his fardbeyan (Ext.1) to the S.I. Sri B.N.Pandey (not examined) on 23.03.1984 at 9.00 A.M. stating therein that on 22.03.1984 at about 7.00 P.M. his brother Nathuni Mahto (deceased) went to Badhar for irrigating his field but did not return to his house till the next morning. During search, Nathuni Mahto (P.W.12) told the informant (P.W.11) that it was getting dark. There was altercation between Nathuni Mahto (deceased) with his co-villagers Lalan Mahto and Dadan Mahto (both appellants) with regard to irrigating the field. The informant suspected that both of them have killed his brother. He went to the field where his brother had gone to irrigate the field and saw that Barseem (fodder) grown by the deceased was trampled. The blood had fallen. The Gamcha (towel) of Dadan Mahto and Lungi of Lalan Mahto were fallen. Thereafter, P.W.11 (informant) came to conclusion that the aforesaid persons have killed. After killing, they had hidden the dead body. P.W.11 with P.W.12 searched and found the dead body of the deceased hidden in the bush in the western bank of river Gawalwa and the deceased had injury in his neck and they could not properly see the other injuries. Thereafter, P.W.11 went to the police station. He has also stated that his co-villager Hari Narain Mahto (P.W.9), Lukhi Mahto (not examined) and other several persons had heard the cry of the deceased in the evening. The fardbeyan was witnessed by Nathuni Mahto (P.W.12). On the basis of fardbeyan, Shivsagar P.S. Case No.33/1984 was instituted for the offence punishable under Sections 302 and 201 of the Indian Penal Code against the appellants Dadan Mahto and Lalan Mahto on 23.03.1984. After investigation, charge-sheet was submitted against Dadan Mahto, Lalan Mahto and one non-FIR accused Ramadhin Mahto (all the appellants). Cognizance was taken against them. The case was committed to the court of sessions. The charge was framed against the appellants for the offence punishable under Sections 302/34 of the I.P.C. to which they denied and claimed to be tried. After the trial, all the accused persons have been convicted and sentenced as aforesaid.

(3.) Now, this Court is required to reappraise the evidence as to whether the prosecution has been able to substantiate its charge beyond shadow of reasonable doubt.