KAILA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset, it needs to refer herein that the appeal against the appellant nos.1 (Khiru Mandal), 2 (Manjhi Mahto), 3 (Ganpat Mahto), 6 (Sukhdeo Mahto), 7 (Babu Mani Singh) and 11 (Arjun Mahto) was abated vide order dtd. 30/7/2024. So far as appellant no.12 (Bahadur Mandal) is concerned, the appeal was abated vide order dtd. 17/4/2025.

(2.) The instant appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction dtd. 8/9/1998 and order of sentence dtd. 9/9/1998 passed by the learned Addl. Sessions Judge-V, Giridih in Sessions Trial No.392 of 1995, whereby and whereunder, the appellants have been convicted for the offence punishable under Ss. 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life for the offence under Sec. 302 and further the appellants namely Kaila Mahto, Giro Mahto Son and Churka Singh have been convicted under Sec. 148 IPC and sentenced for one year for the offence under Sec. 148 IPC, and rest of the appellants have been convicted under Sec. 147 IPC and sentenced for six months. All the sentences were ordered to run concurrently.

(3.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the fardbeyan of P.W.5, Jehali Mian (Informant), which reads as under: