JUDGMENT :

Shree Chandrashekhar, J.

Nine persons were put on trial on the charge under sections 148, 302/149 and 307/149 of the Indian Penal Code for committing murder of Uchit Mahto @ Ajit Mahto and for attempt to murder other members of the informant party in furtherance of their common object. In Sessions Trial No.156 of 2009, the learned 1st Additional Sessions Judge, Deoghar has held that the witnesses fully supported the prosecution case and, accordingly, Rohan Mahto, Gopi Mahto, Rajesh Mahto, Pradeep Mahto, Pawan Mahto, Ashok Mahto, Tulsi Mahto, Janmu Mahto and Mohan Mahto were convicted and sentenced to RI for life and a fine of Rs.10,000/- each under section 302/149 of the Indian Penal Code with a default stipulation to undergo further SI for six months; RI for ten years with a fine of Rs. 5,000/- each under section 307/149 of the Indian Penal Code with a default stipulation to undergo further SI for six months, and; RI for three years under section 148 of the Indian Penal Code – with a direction for payment of eighty-five percent fine amount to the wife of Uchit Mahto @ Ajit Mahto and five percent to Lakhan Mahto, Janardhan Mahto and Subhash Mahto each.

2. Sarath PS Case No. 142 of 2008 was lodged on 09.12.2008 against the above-named persons under sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code. In course of treatment Uchit Mahto died the next day and, accordingly, the offence under section 302 of the Indian Penal Code was added in the report. In his fardbeyan which was recorded on 09.12.2008 at 01:15 PM at Primary Health Centre, Sarath, Bhumilal Mahto has stated that in the morning he was working in his paddy field at Satbehari Mouza. At about 10:30 AM, his son came there and informed him that Rohan Mahto and others were removing paddy crop from Plot No. 84 situated at Kushmaha village. He saw Rohan Mahto, Gopi Mahto, Rajesh Mahto, Pradeep Mahto, Pawan Mahto, Ashok Mahto, Tulsi Mahto, Janmu Mahto and Mohan Mahto removing paddy, which he objected to. In the meantime, his family members also arrived there and asked the accused not to remove paddy from the field but they did not listen and started abusing him (the informant) in filthy language. The accused who were variously armed with farsa, bhala, gadasa, tangi, lathi and iron rod, on exhortation of Gopi Mahto, started assaulting them and caused serious injuries to Uchit Mahto, Subhash Mahto, Janardhan Mahto and Lakhan Mahto. After the investigation a charge-sheet was laid against the accused and, as noticed above, they have faced the trial and convicted by the learned 1st Additional Sessions Judge, Deoghar.

3. During the trial the prosecution has examined ten witnesses, all, except the two doctors and the investigating officer, are eyewitnesses. Subhash Mahto, Lakhan Mahto, Janardhan Mahto, Ketkahi Devi and Chopali Devi are the injured witnesses. The fardbeyan of Bhumilal Mahto, injury reports of Lakhan Mahto, Janardhan Mahto, Subhash Mahto, Uchit Mahto, Ketkahi Devi, Chopali Devi as well as the supplementary injury reports along with the postmortem report of Uchit Mahto were laid in evidence by the prosecution.

4. The defence set up by the accused is that the prosecution party was the aggressor and it was they who started marpit. The accused have filed copies of the First Information Reports of Sarath P.S. Case No. 83 of 2008 and Sarath PS Case No.143 of 2008 along with the charge-sheets in this case. They have also laid in evidence vide Exhibit-C and Exhibit-D the Khatiyan slip of JB No.4 and rent receipts, and deposition of Dr. Surendra Mahto in GR No. 606 of 2008.

5. PW8, Bhumilal Mahto is the informant of this case. He has reproduced his fardbeyan in his testimony in the Court. He has made specific allegations of assault against all accused. PW1, Dharni Mahto has deposed in the Court that in the morning of 09.12.2008 he was in his fie