PINTOO MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The above Appellant has been convicted under Ss. 302/149, 307/149, 148, 120(B) of the I.P.C. and sentenced to undergo rigorous imprisonment under Sec. 302/149 of the I.P.C. for life and fine of Rs. 5,000/ -, in default of which, three months further rigorous imprisonment, offence under Sec. 307/149 of the I.P.C. 10 years Rigorous Imprisonment as also for the offence under Sec. 148 of the I.P.C., three years and for the offence under Sec. 120(B) of the I.P.C. two years Rigorous Imprisonment vide Judgment dated 11.06.2013 passed by Additional Sessions Judge (Ad hoc) -Vth, Nawadah in Sessions Trial No. 201 of 2008/62 of 2012 arising out of Nawada P.S. Case No. 298 of 2001.

(3.) The case of the prosecution, according to Lalan Prasad (P.W. 7), the Warden, Nawada Mandal Kara, recorded on 23.12.2001, is that on the same day in the morning, some visitors had come to meet the under trials Achhat Singh and Ashok Mahto and were in the process of giving them some fruits and sweets. A request was made to Amrendra Kumar (P.W.5), Senior Warden, that the visitors be permitted to meet the under trials for two minutes. Acceding to the request, the main door was unlocked by Amrendra Kumar (P.W. 5). Just when Constable Shashi Bhushan Sharma was opening the gate on the instruction of Amrendra Kumar (P.W. 5), Achhat Singh assaulted him, on account of which he fell down and became unconscious outside the main gate. Then Achhat Singh and Ashok Mahto with fire arms came out from the gate along with the Appellant and 3 -4 more named under trials and started to flee. However, the informant attempted to stop them by firing but he himself was injured in the transaction and his arms as also magazine were looted away by the accused persons. The accused persons fled away in a Car which was waiting nearby, even though they were attempted to stopped by persons, who were gathered there with brick batting. He alleged that on account of assault, Shashi Bhushan Sharma lost his life.