LOCHAN MAHTO AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nine accused persons were put on trial by the learned 4th Additional Sessions Judge, Motihari after being charged variously in Sessions Trial No.258 of 1982/45 of 1987. By judgment dated 18th of Jan., 1991, nine out of thirteen accused were acquitted of charges under Sections 147, 302/149 and 323 Penal Code and four appellants were held guilty of committing offence under Sec. 302/34 IPC. The appellants were heard under Sec. 235 Crimial P.C. and each of them was directed to suffer rigorous imprisonment for life. It may be pertinent to note that four appellants Lochan Mahto, Bachan Mahto, Mahendra Mahto and Ram Bilash Mahto had been charged under Sec. 323 Penal Code for assaulting the informant and deceased as well, but they had been acquitted of charge under Sections 147 and 323 IPC. The appellants have preferred the present appeal to question the propriety of findings and appropriateness of the sentence.

(2.) The incident related to 26th of April, 1982. It was in two parts. Initially two little children were playing in a guava orchard and they picked up fight between them, one of them, namely, Ashok Mahto being aged about six. Taking his son Ashok Mahto along with him appellant Lochan Mahto went near the guava tree and allegedly assaulted the other little child- a girl, who cried loudly attracting her mother Etwaria Devi (P.W.2). It was stated that P.W.2 protested the beating of Sumati Kumari and there was some altercation on that account.

(3.) This incident appears having occurred some time in the afternoon.