JAGDISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals are being disposed of by this common judgment as they arise out of the same judgment and order dated 15th April, 1994 passed in Sessions Trial No. 110 of 1987/1992 convicting and sentencing Ram Deo Mahto to life imprisonment under Section 302, I.P.C. R.I. for 2 years each under Section 148, I.P.C. and Section 27 of the Arms Act, and Rajendra Mahto to life imprisonment under Section 302/149, I.P.C. and R.I. for 2 years each under Section 140, I.P.C. and Section 27 of the Arms Act, who both are appellants in Cr. Appeal No. 268 of 1994 and convicting and sentencing Jagdish Mahto, Anup Lal Mahto, Duniya Lal Mahto and Subelal Mahto, who are appellants in Cr. Appeal No. 204 of 1994, to life imprisonment under Section 302/149, I.P.C. and R.I. for 1 year under Section 147, I.P.C. Anup Lal Mahto has further been convicted and sentenced to undergo R.I. for 3 months under Section 323, I.P.C. All the sentences in respect of appellants have, however, been ordered to run concurrently.

(2.) The prosecution case, in short, is that there was litigation between the family of informant Bauelal Daha (PW-13) and the family of appellant Anup Lal Mahto. On 5-11-1985 in the evening father of informant was sitting on a 'Chouki' in his 'dalan.' At about 7 p.m. all the appellants along with Ramdeo Mahto son of Anup Lal Mahto (since dead and hereinafter referred as co-accused Ramdeo Mahto) came at 'darwaja' of the informant and started abusing Khedan Daha, father of the informant, and they also gave out that father of informant was a veteran litigant, therefore, they would finish him. At that time informant was also in the 'dalan'. An electric bulb was lighting on the boring house situate adjacent to the 'dalan' towards north east corner. Appellants Ramdeo Mahto son of Ram Khelwan Mahto (hereinafter referred as appellant Ramdeo Mahto), Rajendra Mahto and co-accused Ramdeo Mahto were carrying pistols, appellants Anup Lal Mahto and Subelal Mahto were carrying brick-bats and appellant Duniya. Lal Mahto was carrying a bag. When Khedan Daha protested on the abuses given to-him by the appellants, appellant Jagdish Mahto ordered to kill him and on his order co-accused Ramdeo Mahto fired from his pistol at him hitting on his chest. Thereafter appellants Ramdeo Mahto and Rajendra Mahto also fired from their pistols causing injuries on the rib cage and chest of Khedan Daha who fell down in the dalan. The informant out offear went beneath the cot. Appellants Anup Lal Mahto and Subelal Mahto started hurling brick-bats causing injuries to Krishnadeo Daha (PW-11), consin of informant. The occurrence was witnessed by Krishnadeo Daha (PW-11), Lal Babu Daha (PW-5), Yogendra Daha (not examined), besides female members and children of the family of the informant and his neighbours. The appellants were telling for, taking away the dead body of Khedan Daha and they remained at the 'darwaja' of the informant for about 5 minutes and when Khedan Daha succumbed to injuries, they left the place and while going they also fired in air. Shri Krishna Singh (PW-18) at that time was posted as Sub Inspector of Police at Bibhutipur Police Station under the jurisdiction of which the village of informant lies. On 5-11-1985 at about 8.10 p.m. he received information about firing in the village of informant and he then after recording this fact in the Station Diary Entry proceeded along with police force to the village of informant and reached there and saw the dead body of Khedan Daha and found that the members of family of informant were wepping. He recorded Fardbeyan (Ext. 2) of the informant, prepared inquest report (Ext. 5), recorded the statements of informant and Krishnadeo Daha (PW-11) and because thereafter the electric power went off he returned to the Police Station where he drew FIR (Ext. 1) and again on the next day in the morning he went to the place of occurrence, seized blood stained earth, front portions of 303 cartridges a pair of shoes with blood stains from the place of occurrence, prepared seizure list (Ext. 6), recorded statements of witnesses and after completion of investigation submitted charge sheet against the appellants and co-accused Ramdeo Mahto under Sections 148, 149, 302, I.P.C. and 27 of the Arms Act. After taking cognizance when the case was pending for commitment to the Court of Session, co-accused Ramdeo Mahto died and proceeding was dropped against him. The case of appellants were committed to the Court of Session where charges under Sections 302, 148, I.P.C. and 27 of the Arms Act were framed against appellants Ramdeo Mahto and Rajendra Mahto, and charges under Sections 147, 302/149 and 323, I.P.C. were framed against the remaining four appellants.

(3.) The case of the appellants before the Court below, as it appears from the examination of witnesses on their behalf and from the trend of cross examination of the prosecution witnesses, was that they have been falsely implicated in this case on account of enmity and at the time of alleged occurrence appellant Jagdish Mahto was admitted in Government T.B. Hospital at Darbhanga. The Court below after trial found the appellant Ramdeo Mahto guilty under Section 149, 302, I.P.C. and 27 of the Arms Act. Appellant Rajendra Mahto has been found guilty under Sections 148, 302/149, I.P.C. and 27 of the Arms Act and the remaining appellants have been found guilty under Sections 147 and 302/149, I.P.C. and appellant Anup Lal Mahto has further been found guilty under Section 323, I.P.C. and the appellants have been convicted and sentenced accordingly as indicated above.