RAJDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants were charged by the learned 9th Additional Sessions Judge, Gaya for committing offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act for being tried in Sessions Trial No. 19 of 1991 / 184 of 1987. By judgment dated 15.05.1992, the three appellants were held guilty of committing offence under Section 302/34 of the Indian Penal Code. However, appellant Bisheshwar Mahto was acquitted of the charge under Section 27 of the Arms Act while appellants Rajdeo Mahto and Mahendra Mahto were held guilty of committing the said offence. After being heard on sentence, the appellants were directed to suffer rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code, but no separate sentence was passed upon Rajdeo Mahto and Mahendra Mahto under Section 27 of the Arms Act.

(2.) The prosecution case, as per the First Information Report lodged by Akhileshwar Narayan Sinha (P.W.5), was that on 23.01.1986 he along with Arjun Prasad Singh (P.W.1), Sri Krishna Singh (not examined), Rambali Singh (P.W.3), Vishun Deo Singh (P.W.2), Prayag Nand Singh (not examined) and others of village Sundarpur had gone to Jehanabad. Arun Kumar (P.W.4) of village Jamuawan was also with him. They were returning to their respective villages from Jehanabad and during that course, they were being followed by the three appellants. When the informant and his companions had reached the periphery of village Jamuawan, it was alleged that the three appellants changed their route and went ahead of the informant and his companions to reappear with pistol and other weapons and started firing shots at Ranjeet Singh, the deceased, who fell down there. As per the First Information Report, five shots were fired by the accused persons and after killing Ranjeet Singh, they ran away towards west.

(3.) The motive or reason for the occurrence, as stated by P.W.5, was that some litigation was pending between the sister of Arun Kumar (P.W.4) on the one hand and the accused persons on the other in respect of some land and deceased Ranjeet Singh used to look after the litigation on behalf of the sister of P.W.4 Arun Kumar. 23.01.1986 was a date fixed before Sri J.N. Das. As regards the informant, he stated that he had come to Jehanabad for purchasing articles for the Shraadh ceremony of his father and that the deceased was his cousin.