PUNDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life vide Judgment of conviction dated 24.02.2010 and Order of sentence dated 06.03.2010 passed by the Additional District and Sessions Judge, F.T.C.-II, Banka in Sessions Trial No. 642 of 2007.

(2.) The case of the prosecution, according to the Fardbeyan of the Informant Sabita Devi (P.W.1), is that, on 13.11.2006, at about 11 P.M., two accused persons including the Appellant climbed on her terrace with the help of bamboo ladder and on the point of pistol threatened her to give them money. She was assaulted in this transaction. Bisun Mahto caught hold of her husband (the deceased) assaulted on the head of her husband with a dagger. He further ordered Appellant, Pundeo Mahto, to fire at her husband, on which, Appellant fired at the chest of her husband on account of which, he fell down dead. When she started screaming, accused Bisun Mahto stated that they should run away since people were gathering. Then accused persons climbed over the wall and ran away towards the Harna village. She had seen three other unknown persons standing outside. This information was given soon after the occurrence at 11.45 P.M. to Abdul Majib, S.I. of Dhoraiya Dhamukund Police Station, which instantly was 18 K.M. away.

(3.) During trial, the prosecution examined six witnesses. P.W.1 Sabita Devi is the informant. P.W.2, Md. Mukhtar Hussain and P.W.5 Srikant Choudhary have deposed as seizure list witnesses as well as hearsay witnesses, P.W.3 Abhilas Choudhary is the father of the deceased whereas P.W. 4 Anirudh Choudhary is the brother of the deceased, who have not supported the case of prosecution. P.W. 6 is Dr. Jai Prakash Sinha, who conducted the Post-Mortem Examination of the dead body of the deceased.