PEYARC MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are 11 petitioners in this application and they have filed the present application under section 482 of the Code of Criminal Procedure for quashing an order taking cognizance under section 302 of the Indian Penal Code against them by the Chief Judicial Magistrate, Samastipur.

(2.) The relevant facts may be briefly stated. On 2nd of December, 1965, a first information report was loged by the Chawkidar (Jibachh Paswan) of village Charo under Warisnagar police station stating that while he was on petrolling duty in the said village, he heard at about 2 a. m. sound of cutting paddy. He became suspicious and went towards the site from where the sound was heard and apprehended the crop-cutter, Ramautar Raut, the deceased. He raised an alarm of "Chor-Chor", upon which Baleshwar (petitioner No. 7), Ramswarup Mahto (petitioner No. 6), Gaya Mahto (petitioner No. 5), Ramuchit (petitioner No. 2), Kusheshwar Mahton (petitioner No. 3) and Raghubar (not a petitioner), all residents of village Charo along with a large number of persons, came there and saw the cut paddy. All the above persons, on being informed by the informant that Ramautar Raut was stealthily cutting the paddy crop, began to assault the thief (Ramautar Raut) with fists, kicks and slaps. The Chawkidar, Ramuchit Mahto, and petitioner No. 3 tried to intervene, but Ramautar Raut died within an hour as a result ofthj assault. On the basis of the above first information report, ths Police registered a cognizable case for investigation.

(3.) On 4.12.1965, only two days after the lodging of the first information report, one Chauthi Rai, uncle of the deceased Ramautar, filed a petition of complaint before the Subdivisional Officer, Samastipur, giving out entirely a different story of the occurrence. According to him, the complainant along with the deceased and another had gone to purchase a bullock to Muktipur cattle fair on 1.12.1965. The deceased had with him Rs. 350. They, however, did not purchase the bullock and were returning to their village. The complainant and his companion Krishnadco Rai, were proceeding a little ahead of the deceased. When they reached near the school liberary of the village, they heard the alarm of Ramautar. Thereupon they rushed back and on reaching there they saw that the deceased was being assaulted by all the 11 petitioners with lathis, split bamboo, etc. The accused persons after killing Ramautar fled away along with Rs. 350 from the possession of the deceased.