VINAY MAHTO @ VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Vinay Mahto @ Vijay Kumar and Vibha Devi have been found guilty for an offence punishable under Section 307/ 34 of the I.P.C. and for that, Vibha Devi has been directed to undergo R.I. for three years while appellant Vinay Mahto @ Vijay Kumar has been sentenced to undergo R.I. for five years vide judgment of conviction and order of sentence dated 09.03.2017 passed by the Court of Fast Track Court No.2nd, Nalanda at Biharsharif in Sessions Trial No.1083 of 2006/ 170 of 2007.

(2.) Mahesh Prasad (PW-7) gave his fard-bayan on 03.07.2006 at about 4.50 p.m. near Hanuman Temple lying at villagePanhar along with Kailash Mahto and Awadhesh Prasad (PW-1 and PW-4 respectively) disclosing therein that on the same day at about 00 p.m. while he was going to the place of Mantu Sao to give mutton of sacrificial goat and as soon as came in front of house of Awadhesh Prasad, Vinay Mahto and his wife Vibha Devi halted him and then, began to abuse, which was resisted by him. Vinay Mahto ordered his wife to bring pistol in order to kill, which was duly complied by his wife Vibha Devi and with an intention to kill, Vinay Mahto fired causing injury near inter-coastal region (right side). He became injured and fell down. Hearing sound of firing, so many villagers came seeing whom, both of them escaped there from.

(3.) The motive for the occurrence has been shown as son of Vinay Mahto was caught red-handed during course of committing theft in his house and for that, a Panchayati was convened wherein he was fined Rs. 1200/- and the same was paid by him. Since the day of Panchayati, he became hostile.