KRISHNA MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to R.I. for life and also to pay a fine of Rs. 5,000/- and in default of payment of fine further sentenced to R.I. for one year and further he has been convicted under Section 27 of the Arms Act and sentenced to R.I. for three years and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo R.I. for six months by a judgment of conviction and order of sentence dated 23/24.08.2010 by the Additional Sessions Judge, F.T.C.-V, Nalanda at Biharsharif in S.Tr. No. 382 of 1992 arising out of Silao (Rajgir) P.S. Case No. 320 of 1991.

(2.) The case of the prosecution according to Janki Ram, P.W. 5 is that he had four decimals of land over which he had constructed his house over two decimals whereas the two decimals were vacant which was in his occupation. However, the accused persons had collected bundles of paddy crops and kept it forcibly on it so the Informant complained to the Sarpanch and the Mukhiya about it. On 29.12.1991 at about 1 P.M. when his wife Sushila Devi went in the vacant land the accused persons abused her at which they became furious and brought out pistols from their house and both of them fired. However, the firing of Appellant, Kalendra Mahto did not hit any one but when Krishna Mahto fired it hit the son of the Informant, Umesh Ram near his left eye on account of which he died instantaneously. A fardbeyan was given in regard to this occurrence and the investigation started.

(3.) During trial the prosecution examined eight witnesses.