BHAVANI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Revision No. 64 of 1991 is at the instance of the complainant, Bhuneshwar Prasad, against the acquittal of A-1 to A-10; whereas Cr. Appeal No. 73 of 1991 is by the accused-appellants (A-12 & A-11) against their conviction and sentence and since both the cases arise out of a single Sessions Case, they are being disposed of by the following common judgment.

(2.) The appellants are A-12 and A-11 in Sessions Trial No. 27/1988. In this judgment, they will be referred as A-12 and A-11 in the order, as they were arrayed before the trial Court. They were tried along with acquitted accused, who were arrayed as A-1 to 10. The trial Judge framed charge under Section 147 of the IndianPenal Code against A-1 to A-10 and Section 148 against A-11 and 12. The appellants. A-12 and A-11, were also charged under Section 302 of the Indian Penal Code, while acquitted accused, A-1 to A-10 were charged under Section 302/149 of the Indian Penal Code. The trial Judge, while acquitting A-1 to A-10, found A-11 and A-11, the appellants herein, guilty of the offence under Section 148 IPC and also under Section 302 IPC and each one of the accused-appellants was sentenced to imprisonment for life. However, no separate sentence was imposed under Section 148 IPC. The appeal is against the said conviction and sentence.

(3.) The occurrence took place, according to the prosecution, at village Baheri within the police limits of Sadar (Muffasil), district Hazaribagh. On 30-11-1986 at 8.15 p.m., the deceased Rameshwar Mahto was counting paddy bundles and PW-11, his younger brother, Bhuneshwar Prasad, was present with him. At that time, the 1st accused, Chandra Mahto, caught hold the Collar of the deceased and fisted him. A-3, A-11, A-8 and A-12 also beat the deceased. A-11 brought a tangi from his house and inflicted a blow on Rameshwar Mahto. It is the further case of the prosecution that the deceased was also assaulted with another tangi blow. Thereafter, all the accused went away from the place. Fardbayan, Ext. 3, was given by PW-11 at the police station at 9.00 p.m. upon which an FIR was registered. Investigation in the crime was taken up by Banshidhar Sahay, who was examined as PW-14. He conducted inquest over the dead body of the deceased, Rameshwar Mahto, by preparing inquest report, Ext. 1. After the inquest, dead body was sent to the hospital for autopsy.