SAMRIT MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) A total number of 11 accused persons were put on trial in Sessions Trial No. 64 of 1991/146 of 2001. out of whom an accused named Kundan Mahto @ Rajesh Mahto died during the pendency of the trial before Fast Track Court No. 1, Siwan and as such the proceedings as against Kundan Mahto @ Rajesh Mahto was dropped. On conclusion of the trial which remained against the ten accused persons four accused persons were acquitted by the judgment dated 15.6.2002 passed by the abovenoted court in the abovenoted case and the other appellants before us were held guilty of committing offence under Sections 302 and 149 of the Indian Penal Code and each o1 them were directed to suffer rigorous imprisonment for life.

(2.) Besides, the appellants were directed to pay a fine of Rs. 1,000.00 only also and were directed to suffer R.I. for one year in case of non - payment of the fine imposed against each of them. In addition to the above sentences the two appellants, namely, appellant No. 5 Sheo Shankar Mahto and appellant No. 6 Ramanand Mahto were held guilty also of committing an offence u/s. 148 of the Indian Penal Code and each of them was directed to suffer further period of rigorous imprisonment for one year. As regard appellants no. 1 to 4, i.e., Samrit Mahto, Bigu Mahto, Kapurchand Mahto and Jaglal Mahto, they were also convicted for an offence u/s. 147 of the Indian Penal Code and each of them was directed to suffer Rigorous Imprisonment for another term of one year. The sentences of imprisonment were directed to run concurrently. The above judgment and order of conviction and sentences have been assailed before us in the present Criminal Appeal. The prosecution case is based on Ext. 2, the fardbayan of Phool Kunwar Devi. (P.W. 2) who happened to be the wife of the deceased Kashinath Mahto. It was stated by the informant in her fardbayan recorded at about 5.30 A.M at the Darwaja of one Ishu Miyan, examined as P.W. 6 in the case, that the deceased Kashinath Mahto had gone to Maharajganj market and came back from there at about 7 -8 P.M. on the day of the occurrence, when four appellants, namely, Samrit Mahto, Bigu Mahto, Kapurchand Mahto and Jaglal Mahto came to the house of the deceased and called him and also hurled abused upon the deceased and stated that they were to teach the deceased a lesson. Thereafter, the deceased was caught by the abovenoted four appellants and taken towards north from his house. P.W. 2 the informant stated that she and her son Vinay Mahto (P.W. 1) followed the accused persons and pleaded with them to release the deceased but they brought the deceased near the house of P.W. 6 Ishu Miyan on the road where the remaining two appellants Sheo Shankar Mahto & Ramanand Mahto were standing with the acquitted accused persons and the one who died during the pendency of the trial. The accused persons were armed with lathi and bhala. Seeing the husband of the informant, appellants Sheo Shankar Mahto and Ramanand Mahto dealt blows with their respective bhalas on the head of the deceased. The other accused persons dealt lathi blows to the deceased. The deceased was seriously injured on his head and fell down and died instantaneously. It was alleged that the incident was witnessed by Hari Mahto (not examined), Bilash Mahto (P.W. 5), Kanhai Manjhi (P.W. 7), Inder Manjhi (not examined) Raghuwar Manjhi (P.W. 8) and others who had raised the cries after seeing the occurrence.

(3.) AS regard the motive of the occurrence, it was alleged that the accused persons were demanding money from the deceased for taking toddy and not getting the same, had committed the occurrence. The occurrence, as may appear from the fardbayan, had taken place at about 7 -8 P.M. at 10.5.1990 whereas the fardbayan (Ext. -2) was recorded at 5.30 A.M and in order to explaining the delay in making the statement, the lady informant (P.W. 2) stated that she being a lady and being all alone in her house could not go to the police station in the night and as such was giving her statement on the next day.