DEO NARAYAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State and perused the record.

(2.) This appeal has been preferred against the Judgment and Order of conviction and sentence dated 29.05.2002 passed by the Additional District and Sessions Judge, Fast Track Court no. 4, Samastipur in Sessions Trial no. 6 of 1992/48 of 2002 arising out of Bibhutipur P.S. Case No. 99 of 1991, whereby the learned lower court acquitted the accused Dinesh Mahto from all the charges levelled against him and convicted the accused Deo Narayan Mahto for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for three months and also slapped him with a fine of Rs. 1,000/- and in default of payment of fine to undergo S.I. for one month under Section 307 of the Indian Penal Code.

(3.) The factual matrix of the case is that Bibhutipur P.S. Case No. 99 of 1991 was instituted under Sections 323, 341, 504, 379 and 307 of the Indian Penal Code against accused Ram Chandra Mahto, Deo Narayan Mahto and Dinesh Mahto on the basis of written report of Ram Ashray Mahto S/o Bauo Lal Mahto R/o Village-Patpara P.S. Bibhutipur District-Samastipur dated 12.07.1991 with the allegation, in succinct that he was running a fair price shop in the partnership of his cousin namely, Deo Narayan Mahto. Later on, he himself separated from the said partnership for the last six months whereupon, the said Deo Narayan Mahto and his brother Ram Chandra Mahto were sulking with him. He had sold out his land in Rs. 1,24,000/- through Ram Chandra Mahto who had deceived him Rs. 6,000/- in the said transaction. Over the said episode, there was altercation between them few days back. On 12.07.1991 at around 07:00 AM, while he was sitting at his shop, Ram Chandra Mahto armed with pistol, Deo Narayan Mahto armed with lathi and Dinesh Mahto armed with dagger abruptly descended at his shop and started abusing him. When he forbade them from hurling abuse, at the instance of Deo Narayan Mahto, Ram Chandra Mahto pressed his neck by means of hand and shoving him on the ground, fisted and slapped him. He also pressed his neck by means of leg. On hulla made by him, local rushed there and intervened the occurrence. Then the accused Ram Chandra Mahto took out cash of Rs. 640/- from his cash box and the accused Dinesh Mahto snatched his wrist watch and other papers and left the scene.