KESH RANJAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against Judgment and order dated 11.04.2002, passed by Shri Chandra Shekhar Sharma, Additional Court No. 1, Patna, by which the appellant was convicted under Sec. 307 Indian Penal Code as well as under Sec. 27 of the Arms Act, 1959 and was sentenced to undergo rigorous imprisonment of ten years under Sec. 307 of the Indian Penal Code and rigorous imprisonment for three years under Sec. 27 of the Arms Act, 1959. Both the sentences were directed to run concurrently. However, the appellant was acquitted from charges under Sec. 148 of the Indian Penal Code. However, learned Trial Court had acquitted other accused persons from the charges under Sec. 307/149 and 148 ofthe Indian Penal Code.

(2.) Prosecution case in short is that a fardbeyan was recorded on the basis of statement of the Ram Pravesh Mahto (informant) on 25.10.1983, that while he was digging earth in his court-yard, appellant-accused Kesh Ranjan Mahto, armed with gun along with other co-accused persons variously armed came there and asked him not to dig the earth, on which an altercation took place between the parties and in the meantime Nagina Mahto (P.W. -1) came there and tried to pacify the matter, thereafter, an order was given by the co-accused Nathuni Mahto to kill, upon which the appellant-Kesh Ranjan Mahto fired causing injury to the informant as well as Nagina Mahto (P.W. 1) and villagers Shiv Dayal Singh (P.W. 4) and Pankaj Singh. In the meantime, some witnesses came there and save the informant and others. It has also been alleged that present occurrence took place due to previous enmity.

(3.) On the basis of the said fardbeyan a case being Dhanarua P.S. Case No 157 of 1983 was instituted against the appellant and other co-accused persons under Sections 148, 149, 307 and 324 Indian Penal Code as well as under Sec. 27 of the Arms Act, 1959 and the case was committed to the Court of Sessions.