ANAND MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Om Prakash Singh, Advocate and learned counsel for the State, Mr. Ashok Kumar, Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction dated 09.10.1996 and order of sentence dated 11.10.1996, passed by learned 1 st Additional Judicial Commissioner, Khunti, in Sessions Trial No.328 of 1987 / T.R. No. 172 of 1994, whereby the appellant, Anand Mahto and co-convict Surya Narayan Mahto have been convicted for the offence committed and punishable under Section 302 read with Section 34 of the Indian Penal Code and awarded rigorous imprisonment for life for the offence committed and punishable under Section 302/34 of the Indian Penal Code. During pendency of the appeal Surya Narayan Mahto has died and his case has been abated vide order dated 24.01.2019.

(3.) The prosecution case is based upon fardbeyan of Sripad Mahto (P.W.-4), recorded by S.I. Narendra Kumar, Officer-in-charge, Sonahatu police station on 15.10.1986 at 21:45 Hours in State dispensary, Sonahatu. The informant has stated, that his fardbeyan has been recorded in the night at 09:45 P.M. on 15.10.1986 in injured condition alongwith injured Balram Mahto, Bhadru Mahto, Deputy Mahto, Hira Mahto and Smt. Munni Devi who were brought for treatment on Bullock cart by his cousin Hari Nath Mahto, uncle Nageshwar Mahto and Paresh Nath Mahto at Government Hospital, Sonahatu. It is stated that all the injured persons were working in their paddy field situated at a distance of half kilometer, North of their house. At around 07:00 A.M. in the morning from the South, accused persons namely (1) Yogendranath Mahto son of Shiv Prasad Mahto, having bow and lathi, (2) Surju Narayan Mahto co-convict, son-in-law of Shiv Mahto having tangi, (3) Naresh Chandra Mahto son-in-law of Sudan Mahto having lathi, (4) Sita Nath Mahto son of Devi Dayal Mahto, having tangi in his hand, (5) Jyotilal Mahto son of Devi Dayal Mahto, having bhala in his hand, (6) Mahendra Nath Mahto son of Baneshwar Mahto having dabi in his hand, (7) Anand Mohan (appellant), (8) Bolai Mahto, both sons of Baneshwar Mahto having lathi in their hands (9) Manikchandra Mahto, son of Ram Prasad Mahto having lathi in his hand (10) Devi Dayal Mahto son of Budhan Mahto, having dabi in his hand, (11) Dhirendranath Mahto son of Sukh Ram Mahto having tangi in his hand, (12) Braju Mahto son of Bhim Mahto (13) Vidyadhar Mahto son of Bhim Mahto, (14) Devendra Nath Mahto, (15) Jhari Mahto (16) Birsa Mahto, all three sons of Braju Mahto, (17) Krishna Mohan Mahto, (18) Anil Chandra Mahto, both sons of Hari Ram Mahto (19) Ravindra Nath Mahto son of Sukh Ram Mahto having tangi in his hand (20) Duryodhan Mahto son of Bhim Mahto (21) Karuna Mahto son of Pushu Mahto (22) Daman Mahto son of Bhikhari Mahto, all three having lathi in their hands, came near the paddy field of informant and claimed the land of informant as their own land, upon which altercation took place between the parties and thereafter all accused persons named above surrounded the informant side and on order of Surju Narayan Mahto, accused Vidyadhar Mahto has assaulted on the head of informant by means of tangi followed by Jhari Mahto, who has assaulted him on his head by means of tangi, Manikchandra Mahto has assaulted him by means of lathi and Birsa Mahto has assaulted him by means of tangi on his left hand. It is further alleged that Duryodhan Mahto was assaulted by Surya Narayan Mahto (co-convict) by means of tangi, Devi Dayal Mahto and Anand Mahto (appellant) have also assaulted on his head and body by means of lathi, due to which Duryodhan Mahto and the informant (P.W. 4) have sustained injuries and fell down. It is alleged that all the accused persons have assaulted Hira Mahto, Deputy Mahto, Bhadru Mahto, Balram Mahto and Munni Devi by means of tangi, lathi, dabi and bhala, causing serious injuries. The accused persons have assaulted them with intention to kill. On brawl raised by the informant, cousin of the informant namely, Harinath Mahto, Yogeshwar Mahto, Mukund Mahto and others came there. Thereafter all the accused persons have fled away towards the South. After fleeing away of accused persons, cousin of the informant, Duryodhan Mahto son of Labdhan Mahto succumbed to the injuries and died. Informant has alleged that there was land dispute with the accused persons Yogendra Nath Mahto and others, for which case is pending in the court. The informant has claimed that all the accused persons after forming unlawful assembly came there with lathi, bhala, tangi, dabi and assaulted the informant side with intention to kill after surrounding them, due to which Duryodhan Mahto has died at the spot and they have also sustained injuries.