RAMASIS MAHTO AND 11 ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All the twelve appellants, namely, Ramasis Mahto, Ramwatar Rai, Lal -bahadur Rai, Ramji Mahto, Chandradeo Mahto, Chandradeo Rai, Jamuna Bhagat, Jagarnath Bhagat, Awadhesh Mahto, Jegarnath Singh and Bijuli Rai, have been convicted under Sec. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the Additional Sessions Judge, Motihari. Two persons, namely, Bacha Tiwary and Daroga Singh were assaulted, at a road crossing near village Bankatwa. According to the prosecution, Bacha Tiwary and Daroga Singh, both residents of village Kanwaha, were returning on a motor -cycle from Motihari to their village and when they reached near the road crossing, the appellants along with some other persons all of a sudden came out from a sugar -cane field and attacked them by Lathi, Bhala and Garasa etc. Due to the assault suddenly hurled upon them, they fell down on the ground along with the motor -cycle. Bacha Tiwary and Daroga Singh raised alarm. Some passers -by and others, who were in the fields nearby, arrived, but in the meanwhile the appellants and other assailants fled away towards west. One Nand Kishore Pandey of village Gidha, who was coming on a bicycle at that time, saw the assault and recognised the victims and the assailants. He rushed towards the village Kauwaha to inform Ramdeni Tiwary, father of Bacha Tiwary. Nand Kishore Pandey accordingly came to Ramdeni Tiwary and told him how Bacha Tiwary and Daroga Singh had been assaulted near Bankatwa road crossing when they were returning on motor -cycle. He also disclosed the name of fourteen persons, whom he claimed to have identified in the mob assaulting Bacha Tiwary and Daroga Singh. Ramdeni Tiwary along with Jogendra Singh, Dhanukha Thakur and some constables who had been deputed in his village since prior to the occurrence, rushed to the place of occurrence on hearing about the occurrence from Nand Kishore Pandey, Ramdeni Tiwary and others found Bacha Tiwary and Daroga Singh lying injured on the road near village Bankatwa. Ramdeni Tiwary enquired from Bacha Tiwary and Daroga Singh, who was still conscious, who had assaulted them. They named the fourteen persons named by Nand Kishore Pandey as their assailants. They also told Ramdeni Tiwary that the accused persons; were hiding themselves in the nearly sugar -cane field and suddenly fell upon them when they reached near the crossing. Bacha Tiwary told Ramdeni Tiwary that appellant, Ramasis Mahto assaulted them with Bhala and appellant Lalbhadur Rai assaulted them with Farsa and the accused persons snatched their wrist watch, ring and money which they possessed.

(2.) Ramdeni Tiwary (P.W. 11) accordingly, informed the police and on the basis of his statement, the police registered a case and took up investigation. After investigation, the Police submitted charge sheet. The case was ultimately tried by the Additional Sessions Judge, Motihari, who, as noticed above, recorded the order of conviction and sentenced "the appellants to undergo rigorous imprisonment for life. Two other persons, namely, Ramlochan Singh and Basudeo Rai, who were tried along with the appellants, have been acquitted by the learned Additional Sessions Judge.

(3.) The occurrence took place on 29.12.1971 at about 4.30 P.M. Nand Kishore Pandey informed Ramdeni Tiwary at 4.55 P.M. Soon thereafter Ramdeni Tiwary and others came at the road and saw Bacha Tiwary and Daroga Singh. Ramdeni Tiwary's ferdbeyan was recorded at the Sadar Hospital at 8 P.M. He has deposed as P.W. 11 in the court and he has proved his ferdbeyan. The officer -in -charge of the local police station (Sugauli) visited the village of occurrence in the night and seized a pair of Chappal in presence of the witnesses from the place of occurrence and prepared the seizure list (Ext. 6). As it was late in the night, the officer -in -charge left constable Satyanarayan Singh to watch the place of occurrence and took up further inspection of the place of occurrence on the following morning. At the place of occurrence, he found blood at two places. He seized the blood stained earth in presence of the witnesses and prepared its seizure list. He prepared a sketch map of the place of occurrence (Ext. 7). He also seized the motor -cycle bearing No. BRF 6393 from the Darwaja of Nathuni Tiwary.