MAGAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manindra Kr. Sinha, learned Amicus Curiae appearing for the appellant and Mr. Abhay Kr. Tiwari, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 4/12/1993 passed by Smt. Vidyut Prabha Singh, learned Vth Additional Judicial Commissioner, Ranchi in S. T. No. 798 of 1992 whereby and whereunder, the appellant has been convicted for the offence under Sec. 302 of the Indian Penal Code and has been sentenced to imprisonment for life.

(3.) The prosecution case arising out of the Fardbeyan of Sudhan Mahto is to the effect that on 7/6/1992 he was in his house when at about 01:30 p.m. his wife Sukhwaro Devi and villagers Balgovind Mahto along with Ramesh Gope came shouting and disclosed that his son has been shot at by Magan Mahto who was fleeing away towards the west with two of his accomplices. On hearing such information, the informant went towards the house of Mantu Mahto where he found his son lying dead near the door. The accused persons were chased by the informant and the villagers but they managed to flee away. The informant as well as the villagers identified two of the assailants as Ramlakhan Mahto and Magan Mahto while the rest two could not be identified. After returning to his house Balgovind Mahto and Ramesh Gope had disclosed that they as well as the deceased Bhola Mahto at around 01:15 p.m. had gone to purchase eggs to the house of Magan Mahto and as soon as they reached the alley near the house of Mantu Mahto, Magan Mahto with a pistol in his hand with two unknown persons accosted them and shot at Bhola Mahto who fell down. The wife of the informant had also reached at that place for calling her son. Both Balgovind Mahto and Ramesh Gope fled away from the place of occurrence and informed about the incident to the informant. It has been alleged that the wife of the informant had also stated in similar terms. The informant could not fathom any reasons for the occurrence.