MANNU LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and order of conviction and sentence passed in Sessions Trial No. 515 of 1987 by the Sessions Judge. West Champaran at Bettiah, whereby the learned Sessions Judge has convicted both the accused appellants under section 307 of the IPC and sentenced them to undergo RI for seven years each and to pay a fine of Rs. 25000/- each and in default of payment of fine to undergo R.I for one year each.

(2.) In short the case of the prosecution is that Nagina Sah, Harihar Mahto and others keep their Kahlihan, on the Gairmazarua Aam land. For sometime accused Mannu Lal Mahto is living on that Gairmazarua Aam land with his family. Earlier also Mannu Lal had wanted to capture that land for which panchayati, had been held. Now again Mannu Lal was trying to capture that land by putting hut. On the day of occurrence a panchayati was being held for that near a well. During panchayati Mannu Lal told that he would not abide by the decision of the panchayati and he would construct house on it and there was an altercation and Mannu Lal started abusing them. Mannu Lal started filing from his licensed gun on the informant and others. Shambhu Mahto brought a country made gun from his house and gave it to the wife of Mannu Mahto and she made four firings from it. Ramanand Mahto, who is brother of Mannu Lal Mahto, chased the informant and others with lathi to assault them. By the firings made by Mannu Lal and his wife, informant and others were injured. The informant lodged the FIR and after investigation police submitted charge sheet in the case.

(3.) The defence of the accused persons, according to the trend of cross-examination of the prosecution witnesses, is that they have been falsely implicated in this case.