CHAUDHARY MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties.

(2.) ALL the six appellants have preferred this appeal against the judgment of conviction and order of sentence dated 29th April, 2002 passed by Additional Sessions Judge, Fast Track Court No. 2, Samastipur in Sessions Trial No. 25 of 1986 / 22 of 2002 arising out of Bibhutipur P.S. Case No. 133 of 1983, holding them guilty for the offences punishable under Sections 324/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years. And also, appellant no. 1, namely, Sita Ram Mahto, is sentenced to undergo rigorous imprisonment for six months for the offence under Section 323 of the Indian Penal Code, appellant nos. 1, 4 and 5, namely, Chaudhary Mahto, Rajendra Mahto and Janak Lal Mahto, are sentenced to undergo rigorous imprisonment for six months for the offence under Section 147 of the Indian Penal Code and appellant nos. 2, 3 and 6, namely, Ram Narain Mahto, Yogendra Mahto and Sita Ram Mahto, are sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code, in this case which was initially instituted for the offence under Section 307 and allied Sections of the Indian Penal Code.

(3.) THE prosecution has examined altogether ten witnesses, out of whom, P.W.4, namely, Ajit Mahto, proved Exhibit - 1, P.W.5, namely, Baghwan Mahto, proved Exhibit -2 and P.W.10, namely, Md. Soyab, proved Exhibit -3, are formal witnesses, but neither there is any exhibit list nor on the endorsements there is signature of Presiding Officer. P.W.9, namely, Ram Aagar Mahto, was tendered for cross -examination. P.W.6, namely, Kamal Mahto, P.W.7, namely, Ramnandan Mahto and P.W.8, namely, Ramuday Mahto, since said nothing about the occurrence, declared hostile.