SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted under Section 304, Part II and Section 34 of the Indian Penal Code (in short the Code) and were sentenced to undergo rigorous imprisonment for seven years each.

(2.) The prosecution case, in short, is that the informant Baldeo Sao gave a written report on 17.7.1987 stating therein that on 16.7.1987 at 6.00 p.m. when he was returning after ploughing the field and reached near the flour mill of Somar Mhato, he saw that there was some altercation going on between Somar Sao and the appellants. According to him, Baldeo Sao went to his house and thereafter he went to the shop of Bugi Sao and there he purchased seeds of paddy. While he was returning to his home he heard hulla and on hulla he rushed towards the mill of Somar Mahto. As soon as he reached there he was assaulted by appellant Baliram Singh by means of lathi on shoulder and hand and got bleeding injuries. He fell down and his paddy seeds also fell down on the ground. Thereafter, appellants Baliram Singh, Uday Singh and Birendra Singh also assaulted Basdeo by lathi and fist and slaps. The appellants also assaulted Tula Mahto and Somar Mahto with lathi. Somar Mahto received more injuries and was unable to move and as such he was taken to his house in injured condition and the other injured persons went tg hospital for their treatment. On the basis of the written report of the informant, the case was registered and formal FIR was drawn up under Sections 323 and 341 of the Indian Penal Code. Thereafter, Somar Mahto died and as such charge was added also under Section 304 of the Code against the accused appellants. After completion of investigation, charge-sheet was submitted and on the basis of which cognizance was taken. The case was committed to the Court of Session. Ultimately, the trial concluded in the manner as indicated above. The appellants pleaded not guilty.

(3.) The prosecution in support of its case examined altogether ten witnesses. PW 1 is Basudeo Mahto, PW 2 is Bhola Prasad he has been tendered. PW 3 is Braj- deo Prasad. PW 4 is Tula Mahto. PW 5 is Surendra Prasad. PW 6 is Prabhu Mahto. PW 7 is Baldeo Sao, he is the informant. PW 8 is Mahesh Ram, who is the IO of this case. PW 9 is Dr. Mithilesh Kumar and PW 10 is Krishna Prasad, who has proved the written report of the informant, Baldeo Sao. PW 1 Basudeo Mahto has stated that at the time of occurrence, he was his house. On hullah he came near the place of occurrence and saw there was altercation between the deceased Somar Mahto and accused persons Suresh Singh, Bali Singh @ Bali Ram Singh, Udai Singh and Birendra Singh. The appellant Suresh Singh assaulted the deceased Somar Mahto with lathi having khanti in it and the other accused persons also assaulted Somar Mahto with first and slaps. Accused Suresh Singh and Baliram Singh also assaulted PW 1 Basudeo Mahto when he tried to save Somar Mahto. He has further stated that PW 4 Tula Mhato was also assaulted by appellants Suresh Singh and Baliram Singh. The deceased Somar Mahto received so many injuries and he died after three days of occurrence in Gaya Hospital. In his corss-examination, he has stated that he is not the original inhabitant of Baghlati. He has also stated that he did not go to the hospital to see the injured. He has also stated that the deceased Somar Mahto was unable to move. Thereafter, on the following day he was brought to the police station and then to the Mohanpur Hospital and from hospital Somar was referred to the Medical Collage, Gaya. According to him, there was no previous enmity.