PRAGASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) '' Appellants besides six other persons were put on trial for offence under Sections 302/149/147/148/323/324 of the Indian Penal Code and Section 27 of the Arms Act. First Additional Sessions Judge, Sitamarhi by its judgment and order dated 4th of July, 2001 acquitted six accused persons but found the appellant guilty of offence under Sections 302 read with Section 149 of the Indian Penal Code and further found appellant No. 2 Paran Mahto @ Pran Mahto guilty under Section 27 of the Arms Act and sentenced them to undergo rigorous imprisonment for life for offence under Sections 302 and 149. of the Indian Penal Code and three years for the offence under Section 27 of the Arms Act. Each of the appellants were further sentenced to pay a fine of Rs. 5.000/ - (five thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of two years. Aggrieved by the same appellants have preferred this appeal.

(2.) PROSECUTION started on the basis of a statement given by PW -1 Shatrudhan Kumar before the Sub -Inspector of Police on 4.4.1983 at 9.30 a.m. alleging therein that his co -villager Pradeep Mahto was cultivating the land belonging to one Achyabar Singh, on crop - sharing basis, which land appellant Paran Mahto @ Pran Mahto purchased in the year 1982. According to the informant, appellant Paran Mahto started cultivating the land but Pradeep Mahto wanted to harvest wheat -crop stan - ding over that land and for that purpose he alongwith other persons including the informants father, the deceased Ashrafi Baitha, went to the field. According to the First Information Report, Pradeep Mahto was earlier the Secretary of the Communist Party of India but later on replaced by the deceased. According to the informant, in the field he saw the appellants present alongwith 100 to 150 persons variously armed. Appellant No. 2 Paran Mahto and Appellant No. 3 Mahendra Mahto were armed with country made gun and other accused persons were armed with lathi, bhala and farsa. It has been further alleged that accused Sarjug Mahto (Since acquitted) gave bhala blow to Nathuni Mahto on his waist, whereas appellant No. 4 Bhola Mahto gave Bhala blow to Pradeep Mahto. Appellant No. 3 Mahendra Mahto fired which caused injury to informants father Ashrafi Baitha who tried to flee away from the place of occurrence but fell down nearby and died within ten to fifteen minutes. According to the informant it was appellant No. 2 Paran Mahto who gave order to kill.

(3.) 1.1985. 4. Before the trial Court, some of the accused persons charge -sheeted filed application for discharge and the learned Judge while rejecting the prayer of such accused persons, by order dated 19.8.1988 summoned these appellants to face trial in purported exercise of its power under Section 319. of the Code of Criminal Procedure. It is relevant here to state that the date on which the learned Judge exercised its power under Section 319 of the Code of Criminal Procedure no evidence was recorded and the first witness in the case, namely, PW -1 Shatrudhan Kumar was examined on 8th of September, 1989.