RANGI LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants preferred these Cr. Appeals against the judgement and order dated 16.12.2008 passed in Sessions Trial No. 368/2003 by the learned Additional District & Sessions Judge, Fast Track Court IV, Samastipur by which the appellants have been convicted under Sections 147, 148, 149, 448, 341, 323, 324, 307 and 504 of the Indian Penal Code and they have been sentenced to undergo R.I. for ten years under Section 307 of the Indian Penal Code. The appellants were also convicted under Section 147 for two years, three years under Section 148, three years under Section 149, one month under Section 341, one year under Section 448 and for one year Section 323 and three years under Section 324 of the Indian Penal Code, but sentences were directed to run concurrently.

(2.) The prosecution case in short as alleged by P.W. 8 Dukhwa Devi, in her fardbeyan on 16.03.2002 in government hospital, Samastipur that on 15.03.2002 at about 5.00 in the morning she came out from her house and saw that Mala Devi, wife of Ram Sewak Mahto, and Renu Kumari, daughter of Ram Sewak Mahto, were putting thorns and pieces of glass in their field. The informant asked them not to put thorns and pieces of glass, as her house is situated nearby and children are playing. Mala Devi and Renu Kumari went to her house. Thereafter, Ram Sewak Mahto, Brahmdeo Mahto and Bhushan Mahto, Jai Narain Mahto, Arvind Mahto, Ram Prasad Mahto and Rangi Lal Mahto having armed with different weapons came. Ram Sewak Mahto began to abuse the informant and said that as he is the owner of the land he would put thorns and pieces of glass on his land. The informant forbade him, on such he went upon to assault the informant. The informant went inside the house, but all the accused persons forced her entry inside the house and assaulted the informant. The informant further disclosed that Brahmdeo Mahto and Bhushan Mahto assaulted her with stick and other accused persons assaulted her with fists and slaps. When Nirmala Devi, her daughter, came to save, Rangi Lal Mahto pulled her sari and assaulted her with fists and slaps. She further disclosed that on alarm Kapildeo Mahto, Ram Subhag Mahto, Suraj Rai, Bhola Mahto, Birju Rai and Pintu Paswan came. The accused persons also took away the box containing money and ornaments.

(3.) On the basis of the fardbeyan of P.W. 8, Dukhwa Devi, Sarai Ranjan P.S. Case No. 19/2002 was registered on 16.02002 under Sections 147, 148, 149, 448, 341, 323, 504 and 379 of the Indian Penal Code. Later on, Section 307 of the Indian Penal Code was added. The Investigating Officer after completion of the investigation, submitted charge-sheet under Section 307 and other sections of the Indian Penal Code. The cognizance of the offence was taken and the case was committed to the Court of Sessions.