SURAJDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Surajdeo Mahto (Appellant No.1) and Prakash Mahto (Appellant No.2) have laid challenge to the judgment dated 20.05.2010 passed by the High Court at Patna, whereby, the order of their conviction and sentence dated 13.05.1988 passed by the 3rd Additional Sessions Judge, Nawadah was confirmed. Both the Appellants have been convicted for offences under Section 302 read with section 34 of the Indian Penal Code [in short, "IPC"] read with Section 120-B of the IPC and have been sentenced to life imprisonment for each of the offences.

(2.) The prosecution case, in brief, is that on 05.04.1987, Arun (deceased) and Sunder Prasad (PW-17) were putting up in Arun's house at Manawan village when Surajdeo Mahto (Appellant No.1) and Raj Kumar approached Arun and asked him to accompany them to the Cinema at Nawada village. While Arun was reluctant initially to accompany them, he eventually agreed when Appellant No.1 volunteered to bear the expenses. Upon Arun's request, Sunder Prasad (PW-17) also agreed to go along with them to the Cinema. After the show, Raj Kumar and Sunder Prasad returned to Manawan village on 06.04.1987 whereas Arun and Surajdeo Mahto did not come back with them. As Arun did not return, Ramji Mahto (father of Arun; PW-16) enquired from Raj Kumar who told him that Arun and Surajdeo Mahto had gone to Arun's in-laws' place in Amwa village.

(3.) A few more days passed and Arun had not yet returned home, Arun's worried family, therefore, sent Raj Kumar to bring him back. Ramji Mahto also requested his fellow villager Kailash Mahto (PW-1) to join him in looking for Arun. They found out that Surajdeo Mahto and Arun had visited the latter's in-laws' place on 06.04.1987 and stayed there till 08.04.1987. It was further discovered that the duo had then proceeded to Dopta village wherein Appellant No.1's sister was married. Thereafter, Appellant No.1 returned to his village Manawan on 10.04.1987, but whereabouts of Arun were still unknown. When asked, Appellant No. 1 did not provide any credible information about Arun, instead, he too disappeared and was not seen for the next few days. Pursuant to Ramji's request, PW-1 visited Dopta on 10.04.1987 but he too was unable to track down Arun. Since Arun was still untraceable, Ramji Mahto, through his nephew Ishwari Mahto (PW-3A), sent information to the Police, which culminated in the lodging of Sanha Entry No. 227, dated 11.04.1987.