THAKUR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Thakur Mahto alias Umesh Mahto has preferred this appeal against his conviction under section 302 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life.

(2.) On 7-8-1970 at about 8-30 P.M. Md. Ishaque Mian (who died during the trial) gave fardbeyan (Ext. 2) to R.D. Singh, A.S.I. Lauriya police station to the effect that his son Jarban Mian was working as domestic servant in the house of Raj Chhatri Mahto for the last 12 years. I Last night, Jarban Mian, after taking meat and chura went to the house of his master for sleeping as usual. Near the house of Raj Chhati Mahlo there was Brahamsthan where jhirki a kind of play, was going on as it was a Mahahanjnanda day. At about 12 in the night, he went to sleep after participating in the play. In the next morning, he got information from one Jhingur Dusadh (not examined) that his son was lying dead in the cow-shed (bhuswal) of his master, so he and his wife went there and found Jarban Mian dead. There the mother of Rajchhatri Mahto told them that he might here died of snake biting, as in the late evening, the victim had told her that when he had gone to take out fodder for the cattle, he was bitten by a small snake upon which she asked him to get it cured by magic to which he said that such snake bite has got no effect and he went away saying so. The informant, with his wife went away their home weeping. The dead body of his son was brought by Nathuni Mian, Dhuman Mian and Gumani Mian for burial. Some people advised him to inform the police to which he said that when his son has been bitten by snake, there was no question of lodging any report. Those who had brought the dead body to the door of the informant again took back the same to the Dhari of the master, Rajchhatri Mahto. He has got no suspicion about his sonTs death. Babu Saheb told him that after coming of the police, the dead body will be buried and so, he gave this fardbeyan on the basis of which, the First Information Report (Ext. 3) was registered on 10-8-1970 at 6.30 P.M. against unknown being U.D. Case No. 4/70. Then inquest report was prepared which is Ext. 4 and the dead body was sent for post mortem examination. Dr. N.K.N. Sinha, C.A.S. Bettiah Hospital (P.W. 6) conducted the post mortem examination on 9-8- 1970 and found the whole body of the deceased swollen and lithotomy state of de-composition, extensive bruises on the whole of back sides and front of chest, face, both exillary regions and both upper arms. On dissection, clotted blood was found under kneeth the tissues of the bruise area. Both plural cavaties contained blood, more on right side about one point with haemetome in both lungs. Stomach contained undiagested rice. Intestines were all disturbed and contained gas. There was a little amount of urine in the bladder. In his opinion the death was due to injury caused to lungs and injuries were caused by some hard and blunt substance. Time elapsed since death 3 to 4 days. On the basis of the postmortem report (Ext. 1), the case was investigated by Bachan Prasad Singh (not examined) who submitted charge sheet against the appellant. One Dip Narain Pandey (P.W. 4) of the same village is said to have seen Ramagya Mahto and Thakur Mahto bringing out some one on a cot from their house in sleeping position when he was passing through the front of the house of Rajchhatri Mahto and going to his khalihali at 2 A.M. He has said that on his enquiry, Thakur Mahto replied to him that as his wife is ill so he is taking her to Sathi station. In the next morning he found the dead body of the deceased and watch of the appellant there. After collecting the evidence, the Investigating Officer submitted charge sheet against the appellant.

(3.) The accused in defence of his case, has denied the prosecution case and alleged that he has been falsely implicated in. this case. However, one Munshi Choudhary (D.W.1) the Mukhiya of the village, has been examined who has said that he was Mukhiya of the village in the year 1970 and that Jarban Mian was not the servant of the accused and also was not sleeping in his house.