RAM NIWAS MAHTFF Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Sessions Trial No. 475 of 1986 on the file of 4th Additional Sessions Judge, Arrah 12 persons were placed on trial having been charged under Sections 302, 302/149, 148 and 147 of the Indian Penal Code and Sec. 27, Arms Act. The occurrence which led to the trial and conviction of the appellants related to an incident which took place on 20 -2 -1986 at village Kurathia P.S. Brahampur in the district of Bhojpur which is situated about 18 kms. from Brahampur Police Station. In the said occurrence, two persons lost their lives namely, Janardan Singh and Jamuna Singh. All the appellants belong to village Kurathia.

(2.) THE case of the prosecution was as follows. On 20 -2 -1986 at about 3.30 p.m. the informant Kapildeo Singh was returning to his village along with the cousin Janardan Singh deceased. When they reached in front of the house of Ishwar Dayal Mahto (who is appellant in Cr. Appeal No. 366/86 and his appeal has abated on account of his death), he saw several persons of Koeri Caste armed with gun, lathi, bhala sitting at the darwaja of Ishwar Dayal and they were holding meeting. The informant had land dispute with the appellant Bhirgunath Mahto, Ram Nath Mahto and Moti Mahto and they were also sitting in the said meeting. The informant Kapildeo Singh became apprehensive. He and Janardan Singh accelerated their pace and entered the compound of Janardan Singh. At that time deceased Jamuna Singh was in his compound Milling Rice. All the accused -persons entered in the compound of Janardan Singh. Appellant Ramashish Mahto instigated his companions to kill whereupon Ishwar Dayal Mahto and Bhirgunath Mahto fired from their gun which hit Jamuna Singh and he fled inside towards Dalan and fell down. Then, all the appellants went to the house of Bhirgunath Mahto which was outside the village. Kapildeo Singh, Janardan Singh, Ram Narain Singh and Gudkan Singh carried Jamuna Singh for going to Raghunathpur for treatment and they had moved 3 to 4 bighas north west from the house of Jamuna Singh. All the accused -persons reached there from the room of Bhirgunath Mahto and restrained the persons who were carrying Jamuna Singh from proceeding further. It is then alleged that the appellant Mutur Mahto gave a push as a result of which Jamuna Singh fell down on the ground from the cot. On the instigation of Mutur Mahto, Amirchand Mahto gave a bhala blow and Bhirgunath Mahto fired at Janardan Singh, as a result of which he died on the spot. Members of the mob assaulted the informant and others who were carrying the cot. Jamuna Singh also died. Kapildeo Singh left the dead body there under the care of others and went to the Police Station along with Chowkidar where his fardbeyan was recorded at 7.30 p.m. by the Officer -in -charge, Bhojpur Police Station. The cause of twin murder was dispute relating to land of Most. Sheo Sundari Kuar wife of Jagdeo Mahto.

(3.) LEARNED Additional Sessions Judge found all the appellants guilty of the charges on the basis of ocular version and sentenced them imprisonment for life.