BHIM MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellants (in Criminal Appeal No. 362 of -2000(R) and Criminal Appeal No. 384 of 2000(R)) on being tried, have been found and held guilty for the offence under Section 302/149 of the Indian Penal Code and the appellants in Criminal No. 411 of 2000 have been found and held guilty for the offence under Sections 302/34 and 302/149 of the Indian Penal Code, by the Additional Session. Judge -I, Bermo at Tenughat by common judgment dated 6.9.2000 and 7.9.2000 in Sessions Trial No. 228 of 1990/211 of 1994 and sentenced to undergo rigorous imprisonment for life on each count. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) THE factual matrix leading to these appeals are as follows:

(3.) THE matter was reported to Nawadih Police, which arrived at the spot at about 11.00 A.M. The police recorded the statement of P.W. 4 on the spot in presence of witnesses and started investigation. The police prepared inquest report of the dead body of Budhu Mahto and seized bloodstained Bhakuwa, soil and seven arrows from the spot in presence of witnesses. On the basis of this fardbeyan, Nawadih P.S. Case No. 38 of 1987 was registered under Sections 117, 148, 149, 123, 324, 307, 302 and 147 of the Indian Penal Code. The police completed investigation and finally submitted charge sheet against eleven accused persons. Their case was committed to the Court of Sessions for trial. All the eleven accused persons were charged under Sections 326, 147, 148, 447 and 302/149 of the Indian Penal Code, to which they pleaded not guilty. They were further charged under Section 302/34 of the Indian Penal Code.