BAIKUNTH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have preferred this appeal against the judgment and order of conviction and sentence dated 24th Sept. 1987, passed by the learned 5th Additional Sessions Judge, Dumka, in Sessions Case No. 141 of 1985/68 of 1985, whereby and whereunder, all the appellants have been convicted for the offences under Sections 302, 149 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/149 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one year each under Section 148 of the Indian Penal Code, directing both the sentences in respect of each convict to run concurrently.

(2.) The fact of the case, which is based on the Fard-beyan (Ext. 1/1) of the informant Prabhu Mahto (PW 1) is that in the night of 5/ 6/01/1983 informant Prabhu Mahto (PW 1) along with deceased Bhuneswar Raut, PW 6 Tarni Raut and PW 5 Mohan Mahto was sleeping in the Khalihan of the deceased Bhuneswar Raut. At about mid night all of a sudden, 17 to 18 persons surrounded the Khalihan. They exploded three bombs, causing injuries to Bhuneswar Raut, Mohan Raut and the informant Prabhu Mahto. The informant, who had a Farsa, tried to give Farsa blow to the assailants but the appellants Jagdish Mahto and Baikunth Mahto, injured, the informant Prabhu Mahto with Bhala and asked him to keep Farsa. The informant sustained injuries by Bhala blows, given by both the appellants Jagdish Mahto and Baikunth Mahto. The appellants were searching Bhuneswar Raut inside the thatched hut, covered with straw (Dhako) to kill him. Thereafter, the appellants Chetlal Mahto, Chintu Mahto, Baikunth Mahto, Sukhdeo Mahto, Nanku Mahto, Darogi Mahto, Jagdish Mahto, Prasadi Mahto, all of village Jhagrahi and Jagdish Mahto of Village Paharpur and four other villagers started assaulting Bhunewar Raut with Bhala. Lathi and sword repeatedly. There was alarm. When the nearby villagers assembled then the assailants fled away. After the alleged occurrence, the mother and the wife of Bhuneshwar Raut reached there to whom the deceased narrated the names of the assailants and died. The alleged occurrence took place due to the long standing litigations in between the deceased Bhuneshwar Raut and the appellants. Due to that appellants, the villagers forming an unlawful assembly assaulted Bhuneswar Raut, resulting his death.

(3.) PW 7 Ramanuj Singh A.S.I. on 6-1-1983 at 11.25 a.m. recorded the statement of Shankar Prasad Yadav of Village Jhagrahi and entered S.D. Entry No. 92 dated 6-1-1983, which was read over to him. But this witness does not remember as to whether Shankar Prasad Yadav had signed on it or given L.T.I. Thereafter, he went to Village Jhagrahi along with other police officials. The Fard beyan (Ext. 1/1) of Prabhu Mahto was recorded on 6-1-1983 at 15 hours on the basis of which formal F.I.R. (Ext. 3) was drawn up. The I.O. recorded the re-statement of the informant, prepared injury report in respect of Mohan Mahto and Prabhu Mahto and sent them to Jarmundi Hospital for treatment. He prepared inquest report (Ext. 4) of the dead body of Bhuneswar Raut in carbon process in presence of the witnesses and inspected the place of occurrence, which is 100 yards east from the house of the deceased Bhuneswar Raut at Village Jhagrahi. He found bundles of paddy in the Khalihan. There was a thatched hut surrounded by straw in all the three sides, which was 41/2' in height, 6' in length and 6' in width. The dead body was found inside the straw thatched hut. Inside the hut, he found the splinters of bomb explosion and blood stained straw, which he seized and prepared seizure list (Ext. 5).