PRADEEP MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant as well as learned APP for the State.

(2.) The present appeal has been filed on behalf of the appellant against the judgment of conviction dtd. 25/3/2010 and order of sentence dtd. 29/3/2010 passed by the learned Additional District and Sessions Judge-IV, Begusarai in Sessions Trial No. 360 of 2007, whereby and whereunder the appellant has been convicted under Sec. 302 of the Indian Penal Code and under Sec. 27 of the Arms Act and was sentenced to undergo imprisonment for life and a fine of Rs.10,000.00 and in default of payment of fine he has to suffer simple imprisonment for six months under Sec. 302 of the Indian Penal Code. Further the appellant was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Sec. 27 of the Arms Act. The sentences were directed to run concurrently.

(3.) The prosecution was initiated on the filing of Bakhri P.S. Case No. 25 of 2007. The informant lodged the information at 05:00 PM on 25/3/2007 stating his father and uncle had taken palm tree and date tree on lease and used to draw toddy and sell toddy. On 25/3/2007 at around 04:00 PM, he and his father (Sukho Sada) went to draw toddy from the palm tree of Ramkishun Mahto along with his Mama Satan Sada. When they reached near the palm tree at 04:50 PM, the neighboring shop owner Pradeep Mahto reached there. His father stated that he used to steal the palm-collected clay pots. His father started abusing the persons who used to steal the same. Pradeep Mahto stated that if he will not give toddy then the person would surely take the clay pot. A heated exchange started taking place between his father and Pradeep Mahto. The father of Pradeep Mahto, namely, Nand Lal, and Damodar Mahto and Ramkishun Mahto were together. In the meantime, Pradeep Mahto rushed to his house, brought a pistol and shot his father. The shot hit him on the neck. His Mama was on the palm tree. They asked to kill his Mama also. Subsequently they all fled away. The informant claimed that Pradeep Mahto killed his father and that the same was read over to him before his co-villager Etwari Sada. Informant was examined.