PARMESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the morning of 19 -4 -1983, Bhola Yadav of Village Goshpur in the District of Chatra was brutally murdered at some distance away from his khalihan. Out of 23 persons named by the complainant Pad am Mahto, father of the deceased, only 11 persons were charged -sheeted after investigation and in trial two were acquitted and nine persons were convicted, who are appellants before us. Incidentally, I, as a Sessions Judge, Hazaribagh had framed charges and recorded part of the evidence.

(2.) DECEASED Bhola Yadav used to do business at Calcutta and he had come to village home seven months prior to the occurrence. Some of the accused were also employed at Calcutta. According to the evidence of the mother of the deceased, five of the accused -persons had returned from Calcutta on the same day and before going to their respective homes, committed the diabolical crime. There is no clear evidence regarding enmity and the motive for the murder. The appellants are also residents of Village Goshpur which is the village of the deceased and the prosecution witnesses.

(3.) AS there were a number of eyewitnesses to the occurrence and the occurrence had taken place in the morning, learned trial Judge had no difficulty in recording verdict of conviction against these appellants. Learned Additional Sessions Judge sums up his finding in para 20 of his judgment as reproduced below: "20. In view of the facts, circumstances and evidence discussed and observations made in the preceding paragraphs, it was to be held that the prosecution brought home the charges levelled against the accused Karu Mahto, Sarjug Mahto, Chandra Mahto, Parmeshwar Mahto, Jagu Mahto, Kailash Mahto, Lachhu Mahto, Jodhi Mahto, and Butan Mahto beyond all shadows of reasonable doubts. Accordingly, they were found and held guilty and they were convicted under Sections 302/149 and 323 of the Code and they were all acquitted of the charges under Sections 448 of the Code and the accused Parmeshwar Mahto, Jagu Mahto, Kailash Mahto, Lachhu Mahto, Jodhi Mahto and Butan Mahto were further found and held guilty and convicted under Section 147 of the Code and the accused Karu Mahto, Chandra Mahto and Sarjan Mahto were also convicted under Section 148 of the Code. As no witness spoke about involvement of accused Fagu Mahto and only one witness, (PW 1) named the accused Sairu Yadav, both these accused were given benefit of doubt and they were acquitted. 