DARBARI MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment and order of conviction and sentence dated 12/3/1992 and 13/3/1992 respectively, passed by Smt. Shakuntala Sinha, 7th Additional Judicial Commissioner. Ranchi, in Session Trial No. 369 of 1986, whereby and where under, all the appellants have been convicted under Section 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Balak alias Balkaha Mahto alias Chandra Mohan Mahto and Harihar Mahto have further been convicted under Section 148 of the Indian Penal Code whereas appellant Darwari (since dead) has been convicted under Section 147 of the Indian Penal Code. However, no separate sentence has been awarded for the offences under Section 147 and 148 of the Indian Penal Code. All the appellants have further been imposed a fine of Rs. 2,000/- each and in default of payment to undergo rigorous imprisonment for one year each.

(2.) The prosecution case, in brief, is that while the informant Kalia Mahto PW 1 inside his house in the evening of 22nd November, 1986 at about 7.00 p.m. his door was knocked, saying that they are guests and are in search of a road, they asked to lead them by opening the door. Jagarnath Mahto (brother of the informant) opened the door and came out of the home, followed by his brother Panchhi Mahto and the informant. As soon as they came out of the house, appellant Darwari Mahto ordered Ab Ka Dekhat BaraT, on which appellant Balak alias Balkaha Mahto and Harihar Mahto, having Dawli in their hands, rushed there along with 5 to 6 unknown persons, who were standing at some distance from the door. The informant, out of fear, entered inside his house. But the appellants along with 5 to 6 unknown persons chased Jagarnath Mahto and Panchhi Mahto towards east of his house. The informant and his family members raised hulla but none of the villagers came there to rescue. The informant and his wife (Nirobala Devi, PW 4 ) as also Asha Devi (PW 5-wife of Panchhi Mahto) then went towards the place where Jagarnath Mahto and Panchhi Mahto were chased, taking lantern in their hands. They saw that both Balkaha and Harihar were assaulting Panchhi and Jagarnath with Dawli on their heads and necks, on the Lalkar of appellant Darwari Mahto. The other unknown persons had caught hold of both Panchhi and Jagarnath. The alleged assault took place at Rakha-Chatra place. Both Panchhi and Jagarnath Mahto were done to death at that very place, after some time villagers went there, who were informed about the alleged occurrence. The alleged occurrence took place only due to previous enmity regarding the cases, pending in between them.

(3.) The learned Court below framed charges against the appellants for the offences, as mentioned in paragraph No. 1 and all the appellants pleaded themselves not guilty. In course of their examination, they have taken, plea that Dharm Nath Mahto son of appellant Darwari Mahto and father of Harihar Mahto was murdered by Jagarnath, Panchhi ad Kalia, All these appellants were prosecution witnesses in that murder case of Dharam Nath Mahto, in which Jagarnath, Panchhi and Kalia were accused for the offence under section 3.02 of the Indian Penal Code. They have taken plea that due to that enmity, they have falsely been implicated in this case. They have also taken plea that the nephew of the informant Kalia Mahto and deceased Jagarnath and Panchhi namely. Sunder Mahto DW 1 has not been examined as prosecution witness, as he did not speak a lie. On the other hand, he has been examined as DW 1 to speak the truth.