JAGRA NATH MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 5.5.1993 and 7.5.1993 passed by the learned Second Additional Sessions Judge, Gumla in Sessions Trial No. 222/89, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections, 302/34, IPC and sentenced them to undergo RI for life.

(2.) THE factual matrix leading to this appeal is that Sheonath Mahato, father of the informant has got litigation with the appellants. According to the informant, PW 2, on the date of occurrence dated 23.3.1989 at about 1 p.m. he was standing outside the house, situated in Mauja Jauli, P.S. Bharno, District Gumla, when all the appellants, named above, arrived there armed variously. It is further stated that appellant Jagat, since deceased, exhorted all the appellants to finish his father because he was fighting criminal cases with them. He further asserted that his father was caught hold by all the appellants and assaulted with sharp cutting weapons like Balua, Tangi resulting in his death on the spot. The prosecutions story further reveals that when mother of the informant tried to intervene and offered resistance, she was chased and assaulted inside the house by appellants Mantu, Kali with sharp cutting weapons and lathi resulting in her death. The informant and others objected to it but they were chased out of the house. Further stated that during this chase deceased Budhram Mahato, uncle of the informant, was surrounded by the appellants near the house of Jagna Oraon and assaultd indiscriminately with the weapons in their hands resulting in his death. The informant and his brothers managed to flee towards east of the village and inform the village sarpanch. This village sarpanch along with other villagers came to the PO and asked them to report the matter to the police.

(3.) THE matter was reported to Bharno police at about 9 pm on the same day, which recorded the statement of the informant and registered Bharno PS Case No. 33/89 under Section 302, IPC and other offences against ten persons including the appellants. The police finally submitted charge - sheet against all the accused persons under Sections 147, 148, 302, 307, IPC. During pendency of trial accused Mahato died, while trial of accused Surendra Mahato and Binda Mahato was separated, as they were found juvenile. Remaining accused persons faced trial, who pleaded not guilty. However after considering the evidence on record, the trial Court convicted all the appellants under Sections 302/34, IPC and sentenced them to serve RI for life.