RAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Shri Ram Mahto, the sole appellant before us in this appeal, is aggrieved by the judgment and order dated 11th July, 1991 passed in Sessions Trial No. 95 of 1988 convicting and sentencing him to undergo life imprisonment under Section 302, IPC.

(2.) The prosecution case in short is that on 16-6-1986 at about 5.00 p.m. the Informant Bankey Dubey (PW-6) had gone to Ekma Bazar. There he met his nephew Gautam Pandey. They both purchased vegetables in the market. The appellant, who was selling jack fruits in the market, on seeing Gautam Pandy paid respect to him and requuested him to get a case against him settled. Gautam Pandey replied that he was to stay with the Informant on that day and on the next day he would have talks on this matter. Thereafter, the Informant and his nephew Gautam Pandey took refreshment in a tea stall in the market. At about 7.30 p.m. they both started for the house of Informant. At about 8.00 p.m. after crossing Rajapur canal bridge when they had covered a distance of about 50-60 yards they found four persons sitting on the Western flank of road. One of them enquired who they were. When Gautam Pandey disclosed his name those four persons stood up. Appellant Shri Ram Mahto ordered for killing saying he is Gautam Pandey. After that the appellant and his companions surrounded them. The appellant whipped out a dagger from his pocket and started assaulting Gautam Pandey whereas his three companions dragged the Informant in a field towards west of the road. Whenever Gautam Pandey tried to raise alarm co-accused Rameshwar Mahto slapped him. Co-accused Ravindra Mahto had caught hold of Informant and co-accused Shatrughan Mahto after giving 2-4 slaps to Informant went to Gautam Pandey and pulling his leg, threw him on the ground and thereafter also appellant inflicted chhura blows on Gautam Pandey. When Gautam Pandey started grappling co-accused Ravindra Mahto left Informant and went near Gautam Pandey and caught hold of his legs. The Informant then came running to his village where he informed about the occurrence to his villagers, namely, Parmeshwar Pandey (PW-1), Rameshwar Dubey (PW-8), Awadh Bihari Pandey (PW-4), Chaukidar Ramayan Pandey (since dead) and others. (PW-1), (PW-2), (PW-4) along with Informant came to the place of occurrence where they found Gautam Pandey lying dead in the pool of blood. The appellant and his companions by that time had fled away. The Informant then went to the Police Station where he lodged the FIR. About the genesis of the occurrence the Informant stated that one Shanti Devi had filed a case against the appellant and others in which deceased used to take steps on behalf of Shanti Devi and for this reason the appellant and his companions committed the murder of deceased. During the course of investigation, a blood-stained shirt, a blood-stained dhoti, a pair of blood-stained shoes and a blood-stained knife were recovered from the house of appellant. After investigation the Police submitted charge-sheet against the appellant and Shatrughan Mahto as well as against Rameshwar Mahto and Ravindra Mahto showing both of them absconders. The case of appellant and co-accused Shatrughan Mahto was committed to the Court of Session where charge under Section 302, IPC against the appellant and charge under Section 114, IPC against co-accused Shatrughan Mahto were framed. After the trial the appellant was found guilty under Section 302, IPC and was, accordingly, convicted and sentenced as indicated above. Co-accused Shatrughan Mahto was not found guilty and he was acquitted.

(3.) In order to prove its case the prosecution has examined eight witnesses in this case. Besides this two witnesses have also been examined as Court witnesses. Bankey Dubey (PW-6) is the Informant. Sawalia Dubey (PW-3) has been tendered. Rameshwar Pandey (PW-1), Ram Ayodhya Dubey (PW-2), Awadh Bihari Pandey (PW-4), Ram Pravesh Dubey (PW-7) and Rameshwar Dubey (PW-8) are the witnesses, who after hearing about the occurrence from Informant, had gone to the place of olccurrence where they had seen the dead body of deceased lying in a pool of blood. Dr. Suresh Prasad (PW-5) is the doctor who held the autopsy on the dead body of deceased. Court witness No. 1 Chulhan Das is a formal witness who had proved three seizure lists which were prepared by I.O. after collecting blood-stained soil and a piece of blood-stained cloth from the place of occurrence, blood-stained shirt, dhoti, a pair of shoes and knife from the house of appellant and blood-stained vest, a pan, bowl and a glass tumbler from the joint house of co-accused Shatrughan Mahto, Ramesh-war Mahto and Ravindra Mahto (Ext. 4, 4/1 and 4/2). Court witness No. 2 Shri Narain Sharma is a witness who had brought blood-stained clothes, blood-stained soil, blood-stained shirt, blood-stained knife, blood-stained dhoti, blood-stained pair of shoes, blood pan bowl, tumbler and a blood-stained vest material exhibits from Malkhana marked (Material Exts. 1 to 10). The I.O. has not been examined.