WAKIL MAHATHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants- Wakil Mahatha, Ramesh Mahatha and Lelha Mahatha have filed this criminal appeal against the judgment of conviction and order of sentence dtd. 28/7/1995, passed by Shri Alakh Kumar Dubey, learned Additional Sessions Judge-I, Deoghar in Sessions Case No. 12 / 1992 arising out of Deoghar Town P.S. Case No. 53 of 1988 corresponding to G.R. No. 158 of 1988, holding the appellants guilty of the offence under Sec. 396 of the Indian Penal Code and thereby sentencing them to undergo imprisonment for life without any fine stipulation. During the pendency of this appeal, appellant no. 2-Bhagwat Mahatha and the appellant no. 4-Sita Ram Mahatha died. Therefore, this appeal stood abated as against the appellant no. 2 and appellant no. 4.

(2.) Prosecution case was instituted on the basis of the fardbeyan of the Informant Banku Mahatha, alleging therein that on the intervening night of 22/23/2/1988 when he was sleeping in his house, his elder son Belar Mahatha came to him and informed that thieves have entered into the house. He along with his uncle Sambhu Mahatha went inside the house and saw that six persons had entered there. On seeing the Informant, one accused person assaulted him. In turn, Informant also assaulted one of the accused person by sickle. The informant identified the accused Wakil Mahatha, Bhagwat Mahatha, Ramesh Mahatha, Sita Ram Mahatha and Lelha Mahatha in torch light. Before entering into the house of the Informant, the accused persons had also committed dacoity in the house of the Informant's uncle Satya Narain Mahatha and had injured him by hurling bomb upon him, due to which he succumbed to his injuries.

(3.) After investigation, police found the occurrence to be true and submitted charge sheet against the accused persons under Sec. 147, 148, 149, 302, 448, 380, 342 and 323 34 of the Indian Penal Code and Sec. 3 /4 of Explosive Substance Act. Cognizance of the offence was taken by the Chief Judicial Magistrate, Deoghar under the aforesaid Sec. . After cognizance, case was committed to the court of Sessions by the Chief Judicial Magistrate, Deoghar on 25/2/1992 as it was exclusively triable by the Court of Sessions.