ANIL KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset, it is important to mention herewith that present appeal is limited with above named five (5) out six (6) convicts, except convict, Arbind Kumar Mahto S/o Ramavtar Mahto. It is to mention further that present appeal taken up for final hearing, as requested by learned counsel appearing for above named appellants/convicts, while arguing prayer of bail as raised through I.A. No. 01 of 2022.

(2.) The present memo of appeal preferred challenging the judgment of conviction dtd. 23/12/2021 and the order of sentence dtd. 6/1/2023 passed by Shri Ramayan Ram, IIIrd Additional Sessions Judge, Siwan as passed in Session Trial No. 52 of 2020, arising out of Siwan Muffasil P.S. Case No. 385 of 2019 lodged for offences alleged under Sec. 302, 120(B)/34 of the Indian Penal Code (I.P.C.), where the aforesaid appellants/convicts have been convicted under Sec. 148 of the I.P.C and sentenced to undergo rigorous imprisonment (R.I) for 3 years each and they have been also convicted under Sec. 302 read with 149 of the Indian Penal Code (I.P.C.) and sentenced to undergo rigorous imprisonment for life and fine of Rs.25,000.00 each. In default of payment of fine, all appellants/convicts shall further ordered to undergo rigorous imprisonment (R.I) for six months each, where all the sentences to run concurrently, with an adjustment of already undergone period in jail.

(3.) The case of prosecution, as set out by the informant, namely, Salma Khatun (PW-3) through her written complaint dtd. 16/10/2019, addressing to S.H.O, Muffasil, Siwan, is that on 13/10/2019 at about 6:00 p.m., while she was cooking at her home, accused persons, namely, Anil Kumar Mahto aged about 21 years, Santosh Kumar Mahto aged about 20 years both are son of Ramdas Mahto, Arbind Kumar Mahto aged about 22 years S/o Ramavtar Mahto, Raju Kumar Srivastava aged about 23 years S/o Surendar Lal Srivastava and Samsad Miyan aged about 28 years S/o Aziz Miyan, all R/o Village- Bindusar Hamid and Jitendra Yadav S/o Savru Yadav R/o village- Barhan Gopal Bazar, all of P.S.-Muffasil Siwan, District- Siwan along with 5 to 6 unknown persons came to her home and asked her son to be accompanied with them for a place near to -Murghatia- and taken him with them. It is further alleged thereof that after some time her elder son, namely, Rabbudin came to home and asked informant regarding where about of Israil (deceased), whereupon informant replied him that above named co-accused persons called him to accompanied with them. Learning from her son, Rabbudin, that the above named accused persons are not good pesons, informant alongwith her son, Rabbudin, started to search her son and found that above named all six (6) accused persons were found assaulting her son at -Bindusar Hamid Murghatia- (place of occurrence) by means of lathi, danda and sword, consequent upon her son died on the place of occurrence itslef. It is further stated thereof that several persons of village arrived there after the occurrence, who also saw the occurrence. The reason to lodge delayed FIR was explained as informant was busy to mourn the sad demise of her son.