RAM CHANDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned Additional Public Prosecutor for the State.

(2.) THIS appeal has been preferred by the appellants against judgment dated 1st May, 2002 passed by learned 2nd Additional Sessions Judge (F.T.C.), Madhubani, in Session Trial No. 96/87/62/2002 arising out of Barahi P.S. Case No. 75/1985, G.R. No. 801/1985, holding appellant no. 1 guilty for the offences under section 304 part - II of the Indian Penal Code and remaining appellants under section 304 part - II read with 149 of the Indian Penal Code, but all sentenced to undergo rigorous imprisonment for ten years, further, appellants no. 3 and 5 guilty for the offences under section 148 of the Indian Penal Code and awarded rigorous imprisonment for two years. Appellant nos. 2, 7 to 11 and 13 to 17 for the offences under sections 323, 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each for both the offences and appellant no. 4 & 6, even further held guilty for the offences under section 148 and 324 and awarded to undergo rigorous imprisonment for two years each. All the sentences are to run concurrently.

(3.) THE entire Panchayati proceedings was concluded peacefully and the findings was accepted by the parties but after preparation of paper during signatures thereon, suddenly all the miscreants including the appellants came out with deadly weapons from nearby shop and on instigation of Janak Mahto (deceased accused) and Upendra Mahto both armed with pistol, Ram Chandra Mahto (appellant no. 1) armed with Farsa assaulted Ram Prasad Mahto, the deceased, who became senseless and continued so in spite of getting preliminary medical facilities. Dhani Ram Mahto (appellant no. 4) gave Farsa blow to Laxmi Mahto (P.W.3), Mahendra Mahto (appellant no. 6) also gave Farsa blow upon Ram Sundar Mahto, Gangai Mahto (appellant no. 12) gave Farsa blow upon Umesh Mahto (P.W.2) besides the above Janak Mahto and Upendra Mahto aimed their pistol at Lal Bahadur Mahto (P.W.10) and from the shop took away cloths and other articles worth Rs. 2000/ -. The above named appellants also assaulted Sampat Mahto and Basudeo Mahto (none examined) and the informant by means of Lathi and the occurrence has been seen besides the above punches Ram Lakhan Mahto (not examined), Asarfi Mahto (P.W.5) and Rameshwar Mahto (P.W.4) and all the injureds were initially treated by Dr. Ajay Kumar Singh of Khutauna, and thereafter brought to police station on Bullock Cart. This written report was ascribed by Lal Bahadur Mahto (not examined) but signed by the informant whose signature is marked as Exhibit ­ 1. Altogether 12 witnesses were examined besides producing the following documentary evidence which reads as such: