SONADHARI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel appearing on behalf of the Additional Public Prosecutor.

(2.) The Appellant has been convicted under Section 302 I.P.C. and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs. 10,000/- in default of which further imprisonment for six months by a Judgment of conviction and Order of sentence dated 28.12.2010 passed by the Additional District and Sessions Judge-III, Ara, Bhojpur in Sessions Trial No. 394 of 2002 arising out of Sandesh (Pawana) P.S. Case No. 71 of 2002.

(3.) The case of the Informant Rajeshwari Singh (P.W. 4) is that on 18.06.2002 at about 08:30 am. he learnt that the accused persons were building a foundation on his land, so he along with his son Bali Mahto, brother Ram Pravesh Singh (P.W. 1), grandson Dular Singh (P.W. 3), daughter-in-law Sonapati Devi (P.W. 2) went the place of occurrence. As soon as they reached there, Shyamala Mahto started to abuse him. When he protested, he caught hold of him and exhorted the others to assault. At this, the Appellant Sonadhari Mahto and Mahendra Mahto caught hold of the hands and Sonadhari Mahto who was holding a Bhala assaulted the deceased Bali Mahto, his son on the chest, on account of which he fell down. They also allegedly assaulted rest of witnesses. The accused persons were all exhorting. When the villagers started to arrive, the accused persons fled away. The statement was given in the village itself at 10:00 am.