CHHOTAN MAHTON Vs. STATE

JUDGEMENT

(1.) These two appeals have been heard together. One appeal is by accused Chhotan Mahto, who has been convicted under Sections 302, 436/109 and 148 of the Indian Penal Code. The other appeal is by nine persons, who have been convicted under different sections of the Indian Penal Code. Eight of these persons have been convicted under Section 326/149 of the Indian Penal Code. Five of them, namely, appellants Hari Mahto, Kami Mahto, Balgobind Mahto, Pargas Mahto and Jagdish Mahto, have been convicted under Section 148 and the rest under Section 147 of the Indian Penal Code. Appellant Hari Mahto has been further convicted under Sections 302 and 436 of the Indian Penal Code. Appellants Chhotan Mahto and Hari Mahto have been sentenced to imprisonment for life under Section 302 and for ten years under Sections 436/109 and 436 of the Indian Penal Code. The sentences under other sections vary and it is unnecessary to mention them.

(2.) The prosecution case was that on 10-5-1956, one ghari day remaining, that is, at about 5 or 5-30 p.m. in the afternoon there was a riot in which two persons were killed, namely, Chhatradhari Dharhi and Laldhari Dharhi, in village Onda. These two persons and other Dharnis, who belonged to the same caste, have got their houses in village Onda, almost in the middle of the village. Chhatradhari had his house on the north of a lane and immediately east of die house of Laldhari. The house of Chhatradhari faces east. The house of Laldhari falls on its back side but that also faces east and there is small sahan in front of that house, On the south of the house there Wa3 an opening in the wall, which is a so-called compound mud wall one cubit high. Chhatradhari's' opening in the lane from his house was on the east of it. It was alleged that Chhatradhari was a ploughman of appellant Chhotan, who is a big cultivator of the village but had for some reason left his service and this had annoyed this appellant, who Had sent his man on that day several times to call Chhatradhari, but he had refused to go to him. For this reason the prosecution alleged that in the evening Chhotan came armed with a gun along with the other appellants, some of whom have been acquitted by the learned Sessions Judge, to the house of Chhatradhari. Out of them one Rajo had also a gun. All of them came to the house of the deceased Chhatradhari and called him out. When he came out Chhotan asked him as to why be had refused to go to him to work as ploughman. Chhatradhari said that as he was not keeping good health, he was unable to work. Upon this appellant Chhotan was alleged to have abused him and ordered assault. Appellant Hari then gave him a garasa blow, while Chhatradhari was running on his back. He was chased by the four members of the mob, namely, Hari, Balgo-bind, Jagdish and Ramji, and was severely assaulted with garasas. He fell down in the khand of Somar Dharhi, north of his own house. At that time deceased Laldhari had come out of his house and protested against the assault on Chhatradhari. Whereupon appellant Chhotan was said to have fired a shot from his gun injuring him on his left thigh. Laldhari ran from this place towards north and fell down in the courtyard of Saudagar Dharhi where he died. Chhatradhari also died after some time in the khand of Somar Dhari. After these events the mob retreated. While it was retreating, appellant Chhotan was said to have ordered appellant Hari son of Budhan to set fire to the house of Chhatradhari and Hari then lighted a match stick and set fire to that house which was burnt to ashes.

(3.) The Assistant Sub Inspector of Police (P.W. 6), who had recorded the F.I.R., took up the investigation of the case and arrived at the place of occurrence at 11-30 P.M. on the same night. He met constable Achheylal on the spot who had come there about half an hour earlier- The A.S.I, took charge of the dead bodies of Laldhari and Chhatradhari and sent them to Asthawan police station. The A.S.I. also forwarded the fardbeyan to the officer incharge of the Asthawan police station at 3-30 A.M. on the 11th May, 1956. The Sub Inspector of Police drew up a formal F.I.R. on the basis of the fardbeyan and thereafter held inquest on the dead bodies or Laldhari and Chhatradhari, examined Kuldip Dhari (who has not been examined by the prosecution in this case) and P.W. 1 Parmeshwar and then sent the dead bodies to Bihar sharif Hospital through constable Achheylal for post mortem. The S.I. of police came to the place of occurrence at 7 A.M. and met the A.S.I, there. He took charge of the investigation of the case from him. The A.S.I, had also searched the houses of the accused persons but did not meet them. Two guns were produced before him, one by Bhikhari Mahto, a member of the family of appellant Chhotan Mahto, and the other by one Basudeo Narain Sinha, a member of the family of Rajo Mahto. After his arrival the Sub-Inspector of Police also directed the Assistant Sub-Inspector to search the houses of the other accused persons and during that search a blood stained carpet was recovered from the house of accused Gopal Mahto. DurinB the investigation the Sub-Inspector of Police also found blood stains on the wea-bera outer fencing wall of Laldhari's outer courtyard and then fit several places in the outer courtyard itself of Laldhari and on the eastern mouth of the corridor going towards the house of Saudagar. In the courtyard of Saudagar and in the khand of Somar he found pools of blood. Some blood stains were also found on the northern wall of Ch-hatradhari's courtyard which was between that courtyard and Somar's khand. At other places some sprinklings of blood were also detected. There were three rooms in Chhatradhari's house, out of which the southern two rooms which had grass thatch were in possession of the family members of Parmeshwar. The straw roofs of these two rooms were found burnt. The Sub-Inspector also found one paper lying below the v estern wall of Samu Mahto, which was south-east of the tri-junction of the lanes, one running south of the houses of Chhatradhari and Laldhari and the other coming from another direction. He also found an irregular shot stuck on the surface of a cowdung cake sticking to the wall of Samu Mahto. He found a large number of brickbats in the western lane up to a distance of 50 yards. He found two stacks of bricks, one just at the entrance door of Laldhari in the lane and the other close to the wall of Lachhuman Mahto, to the south-west of the tri-junction of the lanes. The bricks lying bv the side of Laldhari's entrance were found disturbed.