LAWS(PAT)-2015-1-247

ALAGU MAHTO Vs. STATE OF BIHAR

Decided On January 05, 2015
Alagu Mahto Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) When this appeal was called out for hearing, learned counsel for the sole appellant produces before us a registered letter sent by him to the appellant recently, which has been returned with an endorsement thereon that 'the addressee is dead'. He, accordingly, submits that a report be called for from the lower court and/or Superintendent of Police of Gopalganj whether the appellant is dead or not and then to take up this appeal after receipt of the report. Having perused the records, this appeal being of the year 1992, in view of the facts, which would be noted hereunder, we do not think that it would serve any useful purpose in adjourning the matter.

(2.) This appeal has been filed against the judgment of conviction dated 18.06.1992 and order of sentence dated 19.06.1992 passed by the learned Sessions Judge, Gopalganj in Sessions Trial No. 93 of 1991, convicting the sole appellant under Sec. 302 of the Indian Penal Code (for short 'I.P.C.') for murdering Mahanth Mahto and sentencing him to undergo rigorous imprisonment for life. He was also convicted under Sec. 323 I.P.C. for injuring the informant, who is the daughter-in-law of the said deceased, but under this count, he was not awarded any separate sentence.

(3.) The prosecution case is based upon the fardbeyan of P.W.1 Ujia Devi, daughter-in-law of the deceased Mahanth Mahto, which was recorded by A.S.I. B. K. Dubey (not examined). It is, inter-alia, alleged that the informant saw her father-in-law Mahanth Mahto (deceased) having quarrel with the appellant under the Neem tree outside their house. She heard her father-in-law complaining why the appellant had drained out water from his farm land, which had been irrigated after being manured. Hearing this, informant also joined him and said that she would call for a Panchayati in the matter. This enraged the sole appellant, who, from the nearby hut, allegedly picked up a bamboo and struck Mahanth Mahto on his head, who fell down bleeding from his nose and mouth. When the informant came forward she was also struck and injured. They found Mahanth Mahto to have died there itself. Upon this fardbeyan, a first information report was registered and after investigation charge-sheet was submitted. Cognizance having been taken, the case was committed to the Court of Session. The appellant having pleaded not guilty was tried, convicted and sentenced as aforesaid.