CHHOTAN MOHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals arise out of the common judgment and order of conviction, therefore, they have been heard together and are being disposed of by this common judgment.

(2.) IT appears that during the pendency of these appeals, appellants Ram Narayam mahto, Shiv Das mahto and Khakhnoo paswan of Cr,. Appeal No. 199 of 1987 died and an affidavit was filed in this regard and this Court vide order dated 17 -8 -2000 passed an order holding that this appeal abated as against these appellants under Section 394 of the C ode of Criminal Procedure.

(3.) THE prosecution case, as disclosed in the fardbeyan (Exht. 1) lodged by PW 1 Brahedeo Mahto, briefly stated, is that on 2 -9 -1985 about 3. p.m. while he was sitting near the Goshala of Ram Chandra Mahto along with PW 4 Shashi Shekhar Singh, he heard a sound of firing' from south of the village and in the meantime, Deo Bihari Mahto, the deceased who happened to be his maternal brother came there running and he was being chased by accused Dinesh Mahto, Rajnandan Mahto, Vinod Mahto and Nimml Mahto, all armed with pistols and no sooner they reached near his darwaja, they caught hold of Deo Bihari Mahto, the deceased and started firing from their respective pistols. Dinesh Mahto fired on the Kanpatti of the deceased whereas Binod Mahto fired on the back of the deceased and Nirmal Mahto fired upon left hand of the deceased whereas the fire made by Deo Bihari Mahto did not hit him. Then he saw the deceased lying down near his darwaja and he immediately caught hold of Nirmal Mahto and thereafter other accused -persons namely Jyotish Mahto, Ram Narayan Mahto, Chhotan Mahto, Sunil Mahto, Khakhnoo Paswan, Ram Pravesh Paswan, Shivdas Paswan, Rajdhari Mahto, Dhooplal Mahto reached there instigating other accused -persons. However, there was some scuffle between him and Nirmal Mahto and ultimately the accused -persons fled away seeing Deo Bihari Mah to lying injured. The genesis of the occurrence, according to the prosecution case, appears to be old enmity of the deceased and the accused persons. The informant, in the fardbeyan, has alleged that all the accused -persons held meeting at the darwaja of Dhooplal Mahto and finding the deceased working in the field alone, they attacked him and ultimately killed him.