MATHURA MAHTO AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Mathura Mahto, Kishundeo Mahto @ Vishnu Mahto, Ramswaroop Mahto and Sakaldeo Mahto have been found guilty for an offence punishable under Ss. 325/149 IPC, 323/149 IPC, 448 IPC, 147 IPC, 148 IPC and each one has been directed to undergo RI for three months, two months and one month respectively having no separate sentence under Ss. 147 IPC, 148 IPC vide judgment of conviction and sentence dated 4.2.2002 passed by Presiding Officer, Fast Track Additional Sessions Court, Nawada in Sessions Trial No. 47/1996/29/2002. On 28.1.1995, PW -3 Annu Devi had recorded her Fard -e -beyan while being admitted at Sadar Hospital disclosing therein that on 28.1.1995 at about 8:30 p.m. there was a knock at her door whereupon she inquired. The person disclosed his identity as Mathura Mahto and he, further requested to open the door. As soon as, she opened the door, Mathura Mahto, Kishundeo Mahto @ Vishnu Mahto, Ramswaroop Mahto, Sakaldeo Mahto wife of Sakaldeo Mahto having been variously armed came inside, began to abuse and further stamping her as a witch, they began to assault her with Lathi and back portion of Khanti. Her son, Vijay, daughter -in -law, Manju Devi came in her rescue who were also assaulted by them.

(2.) On the basis of aforesaid Fard -e -beyan, Govindpur P.S. Case No. 7/1995 was registered whereupon investigation commenced and concluded by way of submission of charge -sheet leading to trial which ultimately faced with the conclusion deterrent to appellants in a manner as indicated above. Consequent thereupon, has been challenged under present appeal.

(3.) Defence case as is evident from mode of cross -examination as well as from the statement recorded under Sec. 313 Cr.P.C. is of complete denial as well as of false implication. In support of the same one DW has also been examined.