RAM BILASH PRASAD Vs. BINDA TANTI

JUDGEMENT

(1.) THE son of the deceased Dwarika Mahto has filed the revision application against the judgement dated 30th September, 92 passes Sessions Trial no. 638/90 passed by the 5th Additional Sessions Judge, Nalanda at Biharsharif by which he has acquitted the opposite party nos.1 to 5 of the offences under sections 147, 148, 149, 302, 307, 302/149, 307/149 and 380 I.P. C.

(2.) THE informant Dulli Mahto resident of village Kathrahi, P.S. Asthawan, District Nalanda lodged a fard beyan on 3.2.73 at about 9.30 A.M. at Asthawan Government Dispensary before the Officer Incharge of Asthawan Police Station, namely, Hirdayanand Singh (P.W. 14) wherein he alleged that in the night of 2nd & 3rd February, 1973 he alongwith his sons Shiban Mahto @ Shivnandan Mahto (P.W. 7), Dwarika Mahto (deceased), grandsons Rajendra Prasad (P.W.4) son Shivnandan Mahto and Ram Bilas Prasad (P.W.2) son of Dwarika Mahto, who is petitioner in this application, was sleeping at his Baithka where a lantern was burning. At about mid night all of them woke up due to barking of Dogs and then he went to attend the call of nature and after attending the call of nature he came back to sleep at his bed. After about half an hour while they were still awoke his co -villagers opposite parties Ramjee Sao armed with pistol, Binda Tanti armed with pistol, Tanik Sao armed with a Garansa, Lala Mahto (since deceased) armed with lathi and Surju Paswan armed with Bhala entered into his Baithka. Seeing them the deceased Dwarika Mahto woke up. In the mean time Binda Tanti fired at him as a result of which he fell down. Thereafter, informant and his another son Shiban Mahto (P.W.7) wanted to run away on which accused Tanik gave three to four Garansa blows on the head of Shiban Mahto as a result of which he fell down. The informant started raising alarm then the opposite party Ramjee Sao fired a shot from his pistol which hit on the various parts of the body of the informant as a result of which he also fell down. In the meantime, five to six more accused armed with deadly weapons including opposite party Bisheshwar Mahto of village Isharchak armed with lathi also arrived there. His two grandsons P.W.

(3.) THE defence of the accused opposite parties, in brief, was that P.W.7 Shiban Mahto is the member of a gang of the dacoits. There was dispute between him and other members regarding the distribution of booty in which his other family members received injuries which resulted into the death of Dwarika Mahto.