UMESH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises against the judgment dated 24.7.1996 passed by the Additional Sessions Judge, Bokaro in Sessions Trial No. 201 of 1986 whereby the learned trial Court convicted the appellants under Section 436/34, IPC and sentenced them to undergo R.I. for 7 years.

(2.) THE prosecution case is that in the nigh of 15/16.1.1984 at about 12 Oclock in the night, the informant was sleeping in his house alongwith his family members and at about 12 Oclock in the night he woke up from sleep due to barking of dogs. He peeped through a hole in the door of his room and saw in the light of fire that the accused -appellants were standing in his courtyard and he identified them. He saw fire and flames on the western side of his house. The appellant, Umesh Mahto, Govind Mahto were having farsa in their hands. The appellants Ramlal Mahto, Dasrath Mahto, Nakul Mahto and Gokhul Mahto were having tangi in their hands whereas the appellant Shibu Mahto was having lathi in his hand and the appellant Santosh Mahto was having sword in his hand. The informant cried for help and then the appellants said to have fled away towards Eastern side. The informants father came and saw the accused persons and identified them. On halla Gope Sarai Gope, Nil Kamal Mahto, Gora Hazra, Abu Hazra came and extinguished the fire.

(3.) THE defence is of false implication due to previous enmity.