NATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26th May, 1989 passed by Sri D.N. Pathak, 1st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 227/85, whereby the appellant No. 1 Sheo Nath Mahto has been convicted under Sections 307 and 148 of the Indian Penal Code and has been sentenced to undergo R.I. for seven years and two years respectively. The remaining six appellants have been convicted under Sections 323 and 147 of the Indian Penal Code and have been sentenced to imprisonment for one year under each count.

(2.) The appellants were tried and convicted in the following circumstances. On 1 -8 -1984 at 5.00 p.m., Bijay Shankar Prasad was leading a Mahabiri Jhanda Procession in village Lalgarh which is about 8 kms from Bettiah Muffasil Police Station. When the procession reached near the door of Mangal Sah, it is alleged that appellant Sheo Nath Mahto dragged Bijay Shankar Prasad and after abusing him assaulted him with Bana, Bijay Shankar Prasad fell down. The remaining appellants except appellant Raghunath Mahto were armed with lathi and Raghunath Mahto was armed with bhala. It is alleged that the remaining appellants also assaulted Bijay Shankar Prasad after he fell down. Cause of occurrence was that appellant Sheo Nath Mahto was leading such Mahabiri Jhanda Procession and when the procession reached near the temple situated in front of the door of Mukhia of Lalgarh, where each year Akhara is performed and the informant Bijay Shankar Prasad insisted that the Tasa would be played there and their Akhara would also be arranged there on which Shiv Nath Mahto and the Sarpanch did not agree to it and they insisted that the other party should follow them and they forcibly took the person playing the Tasa. As soon as the procession reached near the door of Mangal Sah the incident took place.

(3.) According to the defence version, Sheo Nath Mahto was leading the procession and while he reached near the door of Chhote Lal. Rajendra Prasad and Chhote Lal insisted them to play Akhara at their door and forced Tasa player to perform it though he insisted that he was engaged by appellant Sheo Nath Mahto. Thereafter, the procession proceeded further and when, it reached near the door of Mangal Sah, they Bijay Shankar Prasad, Rajendra Prasad and others assaulted Sheo Nath Mahto. Further assault was prevented by the villagers.