KARI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Kari Mahto, Surat Lal Mahto @ Surait Lal Mahto and Dhanik Lal Mahto @ Mantoon @ Mantoon Mahto have been found guilty for an offence punishable under Section 147 IPC and sentenced to undergo SI for 2 years, under Section 148 IPC and sentenced to undergo SI for 2 years, under Section 323 IPC and sentenced to undergo SI for 1 year, under Section 447 IPC and sentenced to undergo SI for 3 months with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 20.05.2015 passed by Additional Sessions Judge-1 st , Benipur, Darbhanga in Sessions Trial No. 77/1998.

(2.) Bachche Lal Mahto (PW 6) filed written report on 21.11.1996 disclosing therein that on 08.11.1996 at about 8:00 AM, Baldeo Mahto, Jiyalal Mahto, Surat Lal Mahto, Dhanik Lal Mahto and Kari Mahto, his co-villagers, armed with Lathi, razor, pistol in a pre-planned manner in order to commit an offence raided his Darwaza out of whom, Baldeo directed him to return back the land which they have purchased from Shila Devi and Lila Devi whereupon, he refused as they have purchased after paying consideration amount. Baldeo became annoyed and provoked others to assault whereupon, Kari gave razor blow over chest of his son, Ram Chandra (PW 2). He was about to repeat the blow but, he caught hold whereupon, Surat Lal gave a Lathi blow over his left hand causing fracture. On hue and cry, his brother, nephew came, seeing whom Dhani Lal fired in air with his pistol as a result of which, they became terrorized. Then thereafter, Baldeo and Jiya Lal lied him down and then putting Lathi over his neck began to press in order to kill him.

(3.) However, due to timely intervention of his villagers, he was rescued. Furthermore, it has also been alleged that Surat Lal snatched away HMT wrist watch from his nephew, Dhani took away Philips radio and Baldeo took away Hero Cycle costing Rs. 1000/-. Then thereafter, they were lifted to Bahera Hospital where they were treated. Respected Punches intervened into the matter and said that case should not be instituted as they are to hold Panchayati and further fixed the date as 19.11.1996. On 19.11.1996 the accused persons refused to participate in Panchayati whereupon the Punches had allowed him to institute case and accordingly written report was filed.