MUNESHWAR MAHTO ALIAS BHUNESHWAR MAHTO, ALIAS BHUNESHWAR YADAV AND 9 OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the same judgment and that being so they have been heard together and are being disposed of by this common judgment. All the ten appellants of Criminal Appeal No. 7 of 1982 have been found guilty for the offence punishable under Ss. 216 and 353 of the Indian Penal Code (hereinafter to be referred to as the Penal Code), out of whom appellants Muneshwar Mahto alias Bhuneshwar Mahto, Bundi Yadav alias Bunni Gope, Jadu Yadav, Maho Yadav, Lal Bahadur Mahto, Shatrughan Mahto and Bairagi Mahto have been sentenced to undergo rigorous imprisonment for two years under Sec. 216 of the Penal Code and eighteen months under Sec. 353 of the Penal Code and the remaining three appellants, namely, Jawahar Mahto, Badri Mahto and Brahamdeo Mahto have been released on their furnishing bond of Rs. 2000/ - with two sureties of the like amount each to appear and receive sentence when called upon during a period of one year and in the meantime to keep peace and be of good behavior under the provisions of the Probation of Offenders Act. Appellant Sadhu Gope of Criminal Appeal No. 98 of 1982 has been found guilty for the offences punishable under Sec. 302 of the Penal Code and has been sentenced to undergo imprisonment for life. In addition, he has also been found guilty for the offence punishable under Sec. 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for four years. However, the sentences have been ordered to run concurrently. It appeals that along with the appellants, three more persons were put on trial but they have been acquitted of the charges levelled against them.

(2.) The prosecution, case, briefly stated, is that Krishna Prasad (P.W. 12) who then happened to be the Officer Incharge of Barh Police station had gone to village Phulelpur within Barh police station for apprehending appellant Sadhu Gope who was wanted in a dacoity case being Barh P.S. Case No. 24(10)78 of which Sidheshwar Prasad Singh (P.W. 11) who is the informant of this case happened to be the informant and in his house, a dacoity had been committed. At about 4 P.M. Krishna Prasad (P.W. 12) along with the two constables Bhuneshwar Mahto (P.W. 8) and Tejnandan Singh (P.W. 9) and also the informant Sidheshwar Prasad Singh (P.W. 11) and his brother Janardan Singh (deceased) and many other villagers were chasing appellant Sadhu Gope, who in order to escape had entered into the house of appellant Badri Mahto. On seeing the police party, the appellants of Criminal Appeal No. 7 of 1982 started pelting stones and that had caused injuries to Bhuneshwar Mahto and Tejnandan Singh. At that very moment, Sadhu Gope had fired from his rifle which had hit Janardan Singh causing his instantaneous death. The Fardbeyan was recorded at about 4.45 P.M. of Sidheshwar Prasad Singh by Krishna Prasad (P.W. 12) and he took up sic vestigation.

(3.) Learned counsel appearing on behalf of the appellants has mainly confined arguments on the appreciation of evidence. Mr. Jagtanand Prasad learned counsel appearing on behalf of the appellants of Criminal Appeal No. 7 of 1982 has stated that, as a matter of fact, the appellants had been falsely implicated on account of enmity and further it has been stated that there is no firm and clear evidence that they had, in fact, participated in the act of assault as claimed by the prosecution leading to the charge and conviction under Sec. 216 and 353 of the Penal Code.