NAKUL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, in the above case, have been convicted by the judgment and order dated 8.6.1990 in Sessions Trial No. 308 of 1987 by Shri Uma Shankar, Ist Additional Sessions Judge, Hazaribagh. Appellant No. 1 Nakul Mahto has been held guilty under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the impugned judgment while appellant No. 2 Dwarika Mahto has been held guilty under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.

(2.) The prosecution case is that on 24.7.1984 the informant Sotan Mahto (P.W.9) was ploughing his field at Village Kaur Tari, Police Station Barkagaon in the district of Hazaribagh along with his son Gulel Mahto and grand-son Ishwar Dayal Mahto, then all on a sudden, the above named two accused appellants along with Charku Mahto another accused who have been acquitted, appeared at the field. Dwarika Mahto and Charku Mahto were armed with lathi while Nakul alias Aklu Mahto was armed with Balua. Dwarika Mahto gave one lathi blow to Ishwar Dayal Mahto near the knee joint of right hand due to which he fell down. Nakul Mahto gave Balua blow on the head of Gulel Mahto who also fell on the ground. It is also alleged that all the accused persons have given further blows by their respective weapons on the person of Gulel Mahto. The informant then raised hulla and then from the nearby field . P.W. 6 Lakhan Mahto, P.W.7 Mittar Mahto and P.W. 8 Baleshwar Mahto came to the place of occurrence. They had also seen the occurrence themselves and at their sight, the accused persons themselves and at their sight, the accused persons fled away. The injured persons were removed first to Barkagaon State Dispensary by the informant and the witnesses. Both the injureds were found unconscious. Md Alam Khan, A.S.I. of Police came to Barkagaon Hospital and recorded the fard-beyan given by the informant Sotan Mahto on the basis of which, first information report (Ext. 6) was registered. The Assistant Sub-Inspector of Police also prepared injury reports of both the injureds Gulel Mahto and Ishwar Dayal Mahto which were marked Exts 8 and 8/1 during the course of trial.

(3.) During the course of investigation, the Investigating Officer, Brinda Prasad Singh, (P.W.13) visited the place of occurrence on 25.7.1984, prepared a sketch map of the same, and seized one blood stained towel from there and prepared a seizure list which had been marked Ext. 3/1. The house of the accused persons were also searched but no incriminating materials were found. The sketch map has been marked as Ext.7 in the case.