IMPORTANT POINT
The main legal point established in the judgment is the application of Exception 4 to section 300 of the Indian Penal Code in cases of sudden fights, and the need for caution in evaluating the testimony of interested witnesses.

JUDGMENT :

Shree Chandrashekhar, J.

Twenty persons were named in the First Information Report lodged by Lilo Pandit on 1st October 1988. Jagdish Mahto was not sent up for trial and three accused against whom a charge sheet was filed died in the meantime – they were Kartik Mahto, Titu Mahto and Sanichar Mahto. Jageshwar Mahto, Nandkishore Mahto, Surja Mahto, Ramchandra Mahto, Lattu Mahto, Nunlal Mahto and Hublal Mahto faced the trial on the charge under sections 148, 341, 379, 427, 307/149 and 302/149 of the Indian Penal Code and the other nine accused have faced the trial on the charge under sections 147, 341, 379, 427, 307/149 and 302/149 of the Indian Penal Code.

2. Mahendra Mahto who is the appellant No.2 in Cr. Appeal (DB) No. 974 of 2010 and Jageshwar Mahto who is the appellant No. 4 in Cr. Appeal (DB) No. 969 of 2010 passed away during pendency of these criminal appeals, but, in spite of opportunities granted to the legal heirs/successors of these appellants they did not prefer any substitution petition and, accordingly, Cr. Appeal (DB) No. 974 of 2010 qua Mahendra Mahto and Cr. Appeal (DB) No. 969 of 2010 qua Jageshwar Mahto were dismissed as not pressed vide order dated 21st September 2021.

3. Except Mathura Kolh and Raju Kolh, other appellants are close relatives. The informant Lilo Pandit is the neighbour of Ramchandra Mahto.

4. Lilo Pandit gave his statement at 03:15 PM on 1st October 1988 at village Dhardharwa before A.K. Singh who was posted as Sub Inspector of police at Ahilyapur police station that around 10:00 AM in the morning Ramchandra Mahto and Titu Mahto threatened to plough the disputed land and when he raised objection they became angry and went back home. The other people of their caste gathered in the village and Ramchandra Mahto and Laxmi Mahto forcibly ploughed the land and sowed Kurthi. His brothers Horil Pandit and Guru Pandit also raised objection and when they threatened to report the matter to police the accused became very angry and tried to stop them. Ramchandra Mahto raised hulla and soon thereafter twenty persons armed with lathi and tangi started destroying roof tiles of his house. They took away the household utensils. Afraid, other members of his family raising hulla ran away and he along with his brothers and nephew started for the police station. The accused chased them but near village Dhardharwa they were caught by the accused. Ramchandra Mahto, Jageshwar Mahto, Surja Mahto, Mathura Kolh, Mahabir Mahto, Nandkishore Mahto, Laxmi Mahto, Raju Kolh, Mahendra Mahto and Jagdish Mahto encircled them in the field of Banshi Mahto. They started abusing them and Ramchandra Mahto exhorted others to kill them (aaj jaan se maar do). The informant claimed that the accused brutally assaulted him and when Horil Pandit raised hulla (bachao-bachao) and intervened, the accused persons turned to him and started assaulting him with lathi and tangi.

5. Ahilyapur PS Case No. 37 of 1988 was lodged on 1st October 1988 on the basis of the aforesaid fardbeyan of Lilo Pandit.

6. A counter case vide Ahilyapur PS Case No. 38 of 1988 was lodged by Mahabir Mahto against six of the prosecution witnesses. In GR No. 1583 of 1988 (corresponding to Ahilyapur PS Case No. 38 of 1988), judgment was delivered on 28th September 1992 acquitting the accused for want of evidence.

7. A chargesheet was laid against nineteen persons who faced the trial for committing murder of Horil Pandit, attempt to commit murder of Lilo Pandit and destruction of property. Fourteen witnesses were examined by the prosecution to prove the charges against the accused persons, out of which, PW9 Guru Pandit, PW10 Lilo Pandit and PW11 Basudeo Pandit are found eyewitnesses by the learned trial Judge. PW1 Nirmala Devi, PW2 Patia Devi and PW3 Tulia Devi are female folks of the family of Lilo Pandit.

8. Seven accused persons including Lattu Mahto and Nunlal Mahto are acquitted of the charges framed against them.

9. Mahabir Mahto, Laxmi Mahto, Mahendra Mahto, Mathura