BINDA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these appellants have been convicted under Section 302, read with Section 149 of the Indian Penal Code (hereinafter referred to as the Code) and each of them has been sentenced to undergo rigorous imprisonment for life. They have also been convicted under Section 148 of the Code and each of them has been sentenced to undergo rigorous imprisonment for three years under this count as well. Appellants Shyam Behari Mahto and Ram Swarup Mahto have further been convicted for an offence under Section 324 of the Code for assaulting the Informant and each of them has been sentenced to undergo rigorous imprisonment for three years each under section 324 of the Code and the sentence have been directed to run concurrently.

(2.) The prosecution case leading to this appeal in short is that on 7/8/1979 at about sunset shiv Dulari (P.W. 6) Wife of The Deceased Rajeshwar Mahto, was at her house, At that very time, she heard cry raised by her husband shouting Jaan gale bachao. Hearing husband was sitting. She found her husband fallen on the ground and all these appellants along with three acquitted accused persons were assaulting the deceased with Garasa, which they had in their hands. In order to save her husband she fell on his body, but she was also assaulted by appellants Ram Swarup Mahto and Shyam Behari Mahto with garasa. Thereafter, these appellants along with three accused persons fled away when the villagers assembled. Soon thereafter P.W. 1 Dharambir Mahto who is brother of her husband came there. She told him about the entire occurrence. Thereafter a cost was arranged and the deceased and the Informant were taken to Bihta State Dispensary for treatment. At Bihta State Dispensary the condition of Rajeshwar Mahto was found to be critical. Therefore, he was referred to Patna Medical College Hospital for better treatment. At that very hospital P.W. 11, the officer-in-charge of Bihta Police Station reached there and recorded the statement of the Informant (P.W.6) on the basis of which a regular case was instituted and he took up investigation. The deceased Rajeshwar Mahto while being taken to Patna Medical College Hospital on police jeep died on the way. Therefore, he was taken back to the Police Station. The inquest report was prepared and the dead body was sent for postmortem examination, which was conducted by P. W. 9.

(3.) Learned counsel appearing for the appellants has argued that the learned trying court did not appreciate the evidence properly and therefore, be came to wrong conclusion. According to him, the prosecution is guilty of suppressing the correct picture of the occurrence. It has also been argued that the fardbeyan (Ext. 7) was not recorded as the time as alleged by the prosecution and that is why it was received by the court empowered to take cognizance on 10/3/1979 after long delay.