DAULAT MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted by the trial court under Section 302/149 of the Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for life. Appellant Nos. 1, 2 and 3 have been further convicted under Sections 324 and 325/149 of the Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for a period of two years and three years, respectively under the aforesaid sections. They have been also convicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of two years. Appellant Nos. 4,5 and 6 have been further convicted under Sections 323 and 325/149 of the Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for a period of six months and three years, respectively, under the aforesaid two sections.They have been further convicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of two years. Appellant Nos. 7 and 8 have been convicted under Sections 324/149 and 147 of the Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for a period of two' years on each count. All the sentences awarded against the appellants, however, have been directed to run concurrently.

(2.) Prosecution case, in short, is that on 27-12-1974 at the time of sunrise, when Amol Yadav, the informant (P.W.6) was returning from his Bahiar after attending the call of nature he found that his uncle Banshi Mahto was levelling land of his field, which was in the Bahiar and at that time Sarwan Pujhar (P.W. 3) and Nari Pujhar (P.W. 4) were cutting earth in the contiguous field. The informant (P.W. 6) also saw the eight appellants along with one Shiva Mahto (since deceased) coming from the village side. Seeing the accused persons coming the informant raised hulla, whereupon the witnesses, namely, Jaleshwar Yadav (P.W. 7), Nejo Pd. Yadav (P.W. 5), Darogi Mahto, Kaleshwar Yadav and Chhotan Yadav came there running.The accused persons were armed with deadly weapons and they surrounded Banshi Mahto. Appellants Daulat Mahto, Dindayal Mahto and Kartik Mahto, who were armed with Bhala, assaulted Banshi on his left arm and right leg, as a result of which Banshi fell down on the ground. Thereafter accused Tipan Mahto, Jhari Mahto and Badri Mahto, who were having Tangi with them, assaulted Banshi on his head. Other accused persons, namely, Masudi Mahto, Saryug Mahto and Shiv Mahto (since deceased), who were armed with lathi, assaulted Banshi Mahto, as a result of which his right leg was fractured. Thereafter the accused persons dragged Banshi Mahto towards the Nala and fled away, Thereafter the injured, Banshi Mahto, was carried to the hospital via Katoria Police Station by .the informant another prosecution witnesses, where on the basis of the statement of Amole Yadav (P.W. 6) first information report was lodged on the same day at 10-30 a.m. and injured Banshi Mahto was referred to the hospital, but when the first information report was being recorded, information was received from the hospital that said Banshi succumbed to the injuries. Motive for the occurrence alleged in the first information report is stated to be land dispute between the parties.

(3.) The police after registering the case took up investigation and on completion thereof submitted charge-sheet. Upon receipt of chargesheet, the learned Magistrate took cognizance and committed all the nine accused persons to the court of sessions to face trial, but during trial accused Shiva Mahto died.