MANRAJ MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. These six appellants were called upon the explain charges for the murders of Baijnath Ram. Rama Shankar Chauhan and Vishwakarama Chauhan. On trial the Additional District & Sessions Judge, Chapra by his judgment dated 28th August, 1992 in Session Trial No. 266 of 1990/11 of 1990, has convicted and sentenced appellants Sheopujan Mahto and Bilas Mahto under Section 302 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life. They have also been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. Appellants Manraj Mahto and Dharam Nath Mahto have, however, been convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life. Appellant Dharam Nath Mahto has further been convicted under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. Appellant Manraj Mahto has also been convicted under Sections 148 and 323 of the Penal Code and sentenced to undergo rigorous imprisonment for three years and one year respectively.

(2.) The case of the prosecution, as would appear from the Fard -beyan of Chandrama Chauhan (P.W. 7), in short, is that deceased Rama Shankar Chauhan, uncle of the informant (P.W. 7), had purchased a piece of land in Kashipur Bazar Chour in the name of his wife Tileshari Devi from one Narain Mahto. It is alleged that accused Sheo Pujan Mahto, who is the cousin of Narain Mahto (vendor), was not allowing Rama Shankar Chauhan and his family members to take possession of the land. To solve the dispute, a Panchayati was organised and on the basis of the decision taken in that Panchayati prosecution party had grown paddy crops in the field and no obstacle whatsoever was put by the accused persons. But ultimately when crops was ripe, the accused persons harvested. Therefore, another Panchayati was organised in which Sheo Pujan Expressed desire to return the consideration money, which was refused by the prosecution party. Thereafter, all the three deceased Rama Shankar Chauhan, Vishwakarma Chauhan and Baijnath Ram had gone to plough the field in the morning of 29.12.1989. But when those three persons after cultivating the land, started for their village and the moment they crossed the Nala and reached in the field of Ram Janam, appellants Sheo Pujan. Ram Babu Mahto, Raj Narayan Mahto, armed with Gupta, and other appellants armed with Dab Farsa, dagger etc. arrived there and committed the murders of Rama Shankar Chauhan, Vishwanath Chauhan and Baijnath Ram with Guptl at the spot. When the informant (P.W. 7), who was cutting grass at a little distance and Balmukund Chauhan (P.W. 4) arrived there, they were also assaulted.

(3.) The police as would appear form the Fard -beyan, arrived at the place of occurrence at about 6.15 and recorded the Fard -beyan of injured Chandrama Chauhan. He also recorded statements of both the injured witnesses as well as other witnesses at the spot and prepared inquest reports and sent the dead bodies for post -mortem examination.