LALA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these appeals have been heard together and are being disposed of by this common judgment because they arise out of the same judgment and order dated 31st January, 1986 passed in Sessions Trial No. 384 of 1979/13 of 1983 by the 2nd Additional Sessions Judge, Gaya, convicting and sentencing appellants Peyare Mohammad Khan @ Zahir Khan to undergo R.I. for 10 years under section 436 IPC, R.I. for 2 years under section 427 IPC and R.I. for 2 years under section 147 IPC, Dhanuk Mahton to undergo R.I. for 10 years under section 436 IPC, R.I. for 7 years under section 380 IPC, R.I. for 2 years under section 427 IPC and R.I. for 2 years under section 147 IPC, Etwari Manjhi to undergo R.I. for 7 years under Section 380 IPC, R.I. for two years under section 427 and R.I. for two years under section 147 IPC, Kuldip Manjhi to undergo R. I. for 7 years under section 380 IPC, R.I. for 3 years under section 148 IPC; R.I. for 3 years under section 324 IPC and R.I. for 2 years under section 427 IPC, Lala Mahto to undergo R.I. for seven years under section 380 IPC, R.I. for 2 years under section 427 IPC and R.I. for 2 years under section 147 IPC, Abdul Khan @ Abdul Ghani Khan to undergo R.I. for 3 years under section 324 IPC, R.I. for 3 years under section 148 IPC, R.I. for 2 years under section 427 IPC and R.I. for 7 years under section 27 of the Arms Act, Mundrika Pandey to undergo R.I. for 3 years under section 148 IPC, R.I. for 3 years under section 324 IPC and R.I. for 2 years under section 427 IPC, Baratu Khan @ Anis Ahmad Khan to undergo R.I. for 2 years under section 147 IPC, R.I. for 2 years under section 427 IPC and R.I. for 1 year under Section 323 IPC and appellants namely, Kishun Mahton, Israeel Khan, Abdul Hamid Khan, Raees Khan @ Abdul Raees Khan, Sonu Manjhi, Ganauri Mahto, Sitaram Mahton, Ali Khan, Ram Briksh Manjhi and Bhaddan Manjhi to undergo R. I. for 2 years each under section 427 IPC and R.I. for 1 year each under section 147 IPC. The different sentences passed in respect of each appellant have been ordered to run concurrently.

(2.) BRIEFLY stated the case of the prosecution is that on 23.7.78 at about 6 pm. informant Shiv Shankar Mahto (PW 9) along with his injured mother Sardhan Devi (PW 5) and injured brothers Bhagwan Prasad (PW 3) & Kishori Mahto (PW 4) went to Wazirganj Police Station and lodged FIR (Ext. 1) stating therein that about 7 -8 years ago there had been partition between his grandfather Aklu Mahto and his brother Bandhu Mahto. Bandhu Mahto had two wives. Appellant Dhanuk Mahto was the Sadhu (husband of sister of wife) of Bandhu Mahto by his relation to the first wife of Bandhu Mahto. Bandhu Mahto gifted the entire property which was about 6 bighas of land with a house in favour of appellant Dhanuk Mahto. Aklu Mahto, the grandfather of the informant had filed a civil suit against Bandhu Mahto, appellant Dhanuk Mahto and others in respect of aforesaid gift and the matter was pending in the Civil Court. Two months prior, Bandhu Mahto died and after his death appellant Dhanuk Mahto sold his entire property which he had received from Bandhu Mahto in gift in favour of appellants Peyare Mohammad Khan, Abdul Khan, Jauhar Ali Khan (sole appellant of Criminal Appeal No. 72/86 who died during the pendency of appeal) and others by a registered sale deed. The father of informant had constructed a Gobar Gas Plant (Cow Dung Gas Plant) near his house. But Jauhar Ali Khan and others used to tell that they had purchased that land from Dhanuk Mahto. After the death of Bandhu Mahto his both wives started living with the family of informant and house of Bandhu Mahto was amalgamated with the house of informant. On 30.07.78 in the afternoon Jilebi Devi, second wife of Bandhu Mahto had gone for cutting grass in a field where Jauhar Ali Khan (since dead) had given her threatening that she should not depose against him in court and he further told on the same day that he will capture the house of Bandhu Mahto. Jilebi Devi returned to her house and told about this to the informant and others. On the same day i.e. on 23.7.78 at about 4 P.M. all the appellants along with Abdul Ghaful Khan @ Ghafur Khan, Jauhar Ali Khan and Komal Mahto (all the three died during the pendency of the appeal) and with Jagdish Dusadh, Kameshwar Manjhi and Krishna Deo Mahto (all three not sent up for trial) and 15 -20 others forming an unlawful assembly variously armed with lathis, bhala, gun, bomb etc. came to the house of informant in order to forcibly capture the house of Bandhu Mahto and damage the Gobar Gas Plant. The appellants and their companions started dismantling the bricks of Gobar Gas Plant and when the informant and his family members protested they started assaulting them. The appellant Abdul Khan opened fire from his gun causing injuries to Bhagwan Prasad (PW 3). Ghafur Khan threw a bomb causing injury on the right hand of the informant. Appellant Baratu Khan assaulted Shambhu Mahto (PW 1) brother of informant with a lathi. The informant and other injured after receiving injuries went inside their house but the appellants Ganauri Mahto and Mundrika Pandey assaulted Sardhan Devi (P.W.3) the mother of the informant who at that time was standing in the verandah of house, with lathis. When Jilebi Devi second wife of Bandhu Mahto, tried to close the main door of the house, the appellants and their companions ran to assault her as the resuit of which she without closing the door ran inside her house and when she reached Osara of her house Jauhar Ali Khan assaulted her with a sword. The informant and his family members went running to the roof of the house and thereafter the appellants and their companions threw brick -bats on them. The appellants and their companions set the cattle shed of informant on fire causing a loss of Rs. 500/ - and they also took out rice, ornaments etc. from the house and when the villagers assembled there, they fled away. After the appellants and their companions left the place of occurrence, the informant found that Jilebi Devi had died. The occurrence was witnessed by Ramji Mahto, Bishun Manjhi, Muneshwar Manjhi, Agan Mahto (not examined) and Mohan Mahto (PW 6). The informant further stated that his grandfather Aklu Mahto (not examined) had also received injury by brickbats.

(3.) THE case of the appellants before the court below was that the members of the prosecution party themselves committed the murder of Jilebi Devi and thereafter falsely implicated the appellants owing to enmity. After trial the appellants were found guilty of different charges and they were convicted and sentenced as indicated above. Jauhar Ali Khan (since dead) was alone held guilty for committing the murder of Jilebi Devi.