BANSHI MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against the judgment and order of conviction and sentence passed by the Addl. Sessions Judge, Jamshedpur, in Sessions Trial No. 87 of 1991 whereby the appellants have been convicted under Sections 304/149 IPC and sentenced to undergo five years imprisonment and further appellants No. 4 and 5 have been convicted also under .Section 323 of the Indian Penal Code and sentenced to undergo imprisonment for three months.

(2.) THE case against the appellants was registered on the basis of a written report of the informant/deceased Gopal Chandra Mahto lodged on 21.9.1983 at 11.30 a.m. at the Jadugora Police Station.

(3.) AT the trial, as many as 12 witnesses were examined. PWS 1, 2; 3 and 4 are brothers of the deceased and they have claimed themselves to be eye witnesses to the occurrence. PWS 5, 6 and i are co -villagers and they have claimed to have seen the later part of the alleged occurrence. PWS 8 and 9 also happen to be co -villagers and their evidence is based on hearsay. PW 12 is the Doctor who has proved the injury report which was prepared at the time of examining the injured/deceased after he was admitted to the hospital. PW 10 is the doctor who has proved the post mortem report and has expressed his opinion regarding the cause of death of the deceased by concurring with the opinion of the doctor who had originally conducted the post mortem examination.