RAJESH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All three appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dtd. 31/7/2018 and 1/8/2018 respectively passed by learned Additional Sessions Judge-I-cum Special Judge, Munger in Sessions Trial No. 41 of 2016 arising out of Muffasil P.S. Case No. 230 of 2015, whereby all the appellants have been found guilty under Ss. 302, 341, 342 and 504 read with Sec. 34 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay a fine of Rs.25,000.00 under Sec. 302; to undergo S.I. for one month and to pay a fine of Rs.500.00 under Sec. 341; to undergo S.I. for one year and to pay a fine of Rs.1,000.00 under Sec. 342 and to undergo R.I. for two years and to pay a fine of Rs.5,000.00 under Sec. 504 of the Indian Penal Code. The appellant/Rajesh Mahto has also been found guilty under Sec. 27 of the Arms Act and sentenced to undergo R.I. for three years and to pay a fine of Rs.5,000.00. In case of default to pay the fines, they have been ordered to undergo additional S.I. for six months. All the sentenced have been directed to run concurrently.

(2.) The prosecution case as emerging from the fardbeyan of the informant/Sanjeet Kumar, as recorded on 10/11/2015 at 06:30 PM by ASI/Arun Kumar Jha of Kotwali P.S. at emergency ward of Sadar Hospital, Munger is that the informant along with his brother Sanjay Kumar, wife/Kiran Devi and sister-in-law (Bhabhi)/Chandni Devi had gone to Nawagarhi market for making purchases for Diwali festival. From the market, they were returning at 05:30 PM and when they reached near Bajrangbali temple, all the appellants and one Dheeraj Kumar @ Shivam, who are their neighbors, surrounded them at N.H. 80 and started abusing. When his brother/Sanjay Kumar protested, the appellants/Rajesh Mahto, and Dheeraj Kumar, on exhortation by Harish Chandra Mahton, Juli Kumari and Anita Devi, shot at his brother. Dheeraj Kumar fired one shot and the appellant/Rajesh Mahto fired two shots. Consequently, Sanjay Kumar got injured and started bleeding and fell down. Thereafter, all the appellants fled away. After some time, the Officer-in-charge of Nayaram Nagar Police Station along with the informant went to the Sadar Hospital, Munger where Sanjay Kumar was declared dead during treatment. The reason behind the occurrence is stated to be the dispute between the prosecution side and the appellants with regard to a street in front of their houses. Ten days prior to the occurrence, the appellants had threatened that they would be killed.

(3.) On the basis of the fardbeyan, Muffasil P.S Case No. 230 of 2015 was registered on 10/11/2015 against all the appellants and one Dheeraj Kumar @ Shivam for the offence punishable under Ss. 341, 342, 504, 302 and 109 read with Sec. 34 of the Indian Penal Code and Sec. 27 of the Arms Act.