RAGHU NANDAN MAHTO SON OF LATE NATHUNI MAHTO; SHIV MAHTO SON OF KRIPAL MAHTO; SUJIT MAHTO SON OF SHIV MAHTO ALL; DEV NANDAN MAHTO SON OF NATHUNI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated criminal appeals have arisen out of Judgment of conviction and sentence Order dated 26.5.2016 and 31.5.2016 respectively passed by learned Additional Sessions Judge 1st, Danapur, in Sessions Trial No. 1231 of 2006/ Trial No. 251 of 2015, arising out of Danapur P.S. Case No. 07 of 05 and, accordingly, the above stated criminal appeals were heard in block and are being disposed of by this common judgment.

(2.) All the appellants have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment and have also been fined of Rs. 5000/- each and in default of payment of fine they have been ordered to undergo further imprisonment for five months. Furthermore, appellant Raghu Nandan Mahto has, separately, been convicted for the offence punishable under Section 27 of the Arms Act and has been sentenced to undergo 3 years rigorous imprisonment with fine of Rs. 3000/- and in default of payment of fine he has to go three months further imprisoned. However, the sentence of appellant Raghu Nandan Mahto was ordered to run concurrently.

(3.) Briefly stated the prosecution case is that P.W. 9 Sunil Paswan gave his fard-e-beyan to P.W. 10 Mahesh Prasad Rai, the then Officer-in-Charge of Danapur Police Station, on 2.1.2005 at 3.00 P.M. at village Adampur, to this effect, that on the same day at about 2.00 P.M. he along with his brother Ajit Kumar was returning to their home from Kailash Field after playing football and while they were on their way and reached near Sharab Bhathi situated at village Adampur, all of a sudden, appellants Dev Nandan Mahto, Raghu Nanadan Mahto, Sujit Mahto, Shiv Mahto and Ajai Mahto as well as Sadhu Mahto encircled his brother Ajit Kumar. All the aforesaid persons were armed with country-made pistol except appellant Sujit Kumar, who was carrying big country-made gun. P.W. 9 Sunil Paswan further stated that appellant Dev Nandan Mahto ordered to shoot Ajit Kumar and after that appellant Raghu Nandan Mahto shot fire of his country-made pistol putting the same on the temple of Ajit Kumar, as a result whereof, Ajit Kumar, having sustained firearm injury, fell down there. P.W. 9 further claimed that he started crying, which attracted his mother Ramdei Devi (P.W. 8), Akhilesh Paswan (P.W. 3), Vijay Kumar Sao (P.W. 5), Gajendra Paswan (P.W. 4) and several other persons. The aforesaid persons threatened to shoot the witnesses if they dared to come to save the deceased but, in the meantime, having heard the sound of firing several villagers assembled there and seeing the villagers the aforesaid persons went on the roof of their house and started making firing from their roof. He further claimed that the aforesaid persons, subsequently, started fleeing towards the west side sensing the arrival of police. The aforesaid persons were chased by the police and having chased them the police caught appellants Dev Nandan Mahto, Raghu Nandan Mahto and one Sadhu Mahto with their firearms.