Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.235 of 1989 [Against the judgment of conviction and sentence dated 21st April 1989 passed by Sri Amir Das, learned Sessions Judge, Nawadah in Sessions Trial No. 488 of 1984] =========================================================== 1. Brijnandan Mahto son of Mahavir Mahto 2. Indradeo Mahto son of Surajdeo Mahto 3. Dwarika Mahto son of late Gajo Mahto 4. Surendra Mahto son of Raghun Mahto @ Raghuni Mahto 5. Rameshwar Mahto @ Kameshwar Mahto son of Late Sukar Mahto (deleted since dead). 6. Shyam Mahto son of Late Prasadi Mahto 7. Suresh Mahto son of Late Pitambar Mahto 8. Lakhan Mahto son of Late Ram Kishun Mahto All residents of village Farha, P.S. Akbarpur, District Nawadah. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : :Mr. Sunil Kumar Suman, Adv. : Mr. Purshottam Kumar, Adv. For the informant :Mr. Baban Sharma, Adv. : Mr. Ram Swarup Prasad, Adv. For the Respondent/s : Mrs. Shashi Bala Verma, APP. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL C A V JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Brijnandan Mahto, Indradeo Mahto, Dwarika Mahto, Surendra Mahto, Rameshwar Mahto @ Kameshwar Mahto (deleted since dead), Shyam Mahto, Suresh Mahto and Lakhan Mahto have preferred this appeal against the judgment Patna High Court CR. APP (DB) No.235 of 1989 dt.07-03-2012 2 of conviction and sentence dated 21st April 1989 passed by learned Sessions Judge, Nawadah in Sessions Trial No. 488 of 1984 by which they have been convicted and sentenced to rigorous imprisonment for life under Section 302 read with [STATUTE] . read with [STATUTE] . The appellants Lakhan Mahto, Suresh Mahto, Shyam Mahto and Kameshwar Mahto have further been sentenced to rigorous imprisonment for three years under Section 5 of the Explosive Substance Act. All the sentences have been ordered to run concurrently. 2. The prosecution case, in brief, is that on 28th September 1981 the informant Jitendra Prasad Sharma (P.W. 3) was going to Nawadh Court with his father Ram Lakhan Singh (deceased) and uncle Ambika Singh (deceased) by a Rickshaw Van ( Rickshaw without hood and seat). When they reached near the north side of temple (Shivalay) at about 9 a.m., they were intercepted from both sides of the road by the accused. The appellants Lakhan Mahto, Suresh Mahto, Shyam Mahto and Rameshwar Mahto were armed with bombs, whereas, Surendra Mahto, Dwarika Mahto, Brijnandan Mahto and Indradeo Mahto were armed with country made pistol. The rickshaw puller fled away after leaving the rickshaw. The Patna High Court CR. APP (DB) No.235 of 1989 dt.07-03-2012 3 informant and the occupants of the rickshaw also tried to run away, but in the meantime the appellant Lakhan Mahto threw bomb causing injury to Ambika Singh and Suresh Mahto threw bomb causing injury to Ram Lakhan Singh, father of the informant. After getting injured both of them fell down on the road. The informant started running away from that place but he was also attacked by Shyam Mahto and Rameshwar Mahto by throwing bomb. Surendra Mahto, Dwarika Mahto, Brijnandan Mahto and Indradeo Mahto chased him and shot their firearms but he did not receive any injury. In the meantime, Kapildeo Singh ( P. W. 2) son of Kesho Singh and Kapildeo Singh son of Ramswaroop Singh (P.W. 1) also saw the occurrence. They also raised alarm and the appellants fled away towards the village Nigari. Thereafter, the informant, P. W. 1, P. W. 2 and his uncle Lalo Singh (not examined ) carried both the injured Ambika Singh and Ram Lakhan Singh to Nawadah hospital by rickshaw where the doctor declared them dead. The reason for the occurrence is enmity due to pending litigation. 3. Fardbeyan of the informant was recorded by S. I. Balmiki Sharma (P. W. 5) at Nawadah hospital on 28.9.1981 at 12 O’clock. On the basis of Fardbeyan Akbarpur P. S. Case Patna High Court CR. APP (DB) No.235 of 1989 dt.07-03-2012 4 No. 121 of 1981 was instituted against the appellants. After investigation charge-sheet was submitted against the appellants and co- accused Dilip Kumar @ Rajnandan Mahto. As the case was triable by the Court of session, the case was committed to the court of session. The charges were framed against all the accused for the offence punishable under [STATUTE] . The appellants Lakhan Mahto, Suresh Mahto, Dilip Kumar @ Raj Nandan Mahto, Shyam Mahto and Rameshwar Mahto have been further charged under Section 3/5 of the Explosive Substance Act which they denied and claimed to be tried. Hence, the trial commenced. 4. The defence of the accused is total denial of the manner of occurrence as alleged by the prosecution and their false implication due to pending litigation. Accused Dilip Kumar @ Raj Nandan Mahto took specific plea that at the time of occurrence he was languishing in Jamui jail having been convicted under the Railway Act. After conclusion of the trial the accused Dilip Kumar @ Rajnandan Mahto has been acquitted. The rest accused have been convicted and sentenced as aforesaid. Thus, they have filed this criminal appeal. 5. This Court requires to reappraise the evidence and to see as to whether the prosecution has been able to Patna High Court CR. APP (DB) No.235 of 1989 dt.07-03-2012 5 substantiate its charge beyond all reasonable doubts against the appellants. 6. The prosecution has examined the following witnesses:- P.W. 1 Kapildeo Singh son of Ramswaroop Singh, P. W. 2 Kapildeo Singh son of Kesho Singh. P. W. 3 Jitendra Prasad Sharma (wrongly written as Jitendra Prasad Singh), P. W. 4 Dr. Ajay Kumar, P. W. 5 Balmiki Sharma, P. W. 6 Ram Briksh Singh and P. W. 7 Ram Sharan Jha. 7. The defence has not adduced

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.