BALESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Above named sole appellant has preferred the instant appeal against the judgment of conviction and order of sentence dated 26th February, 1991 whereby he has been found guilty for the offence punishable under sections 302 and 201 of the Indian Penal Code and he has been sentenced to undergo imprisonment for life for the offence under section 302 IPC and further one year rigorous imprisonment for the offence under section 201 IPC. It was ordered that both the sentences shall run concurrently.

(2.) Kishun Rishi (PW 5) has set the law in motion by lodging the case before the Police. He stated on 8.7.1989 at 10.AM that on 6.7.1989 his brother Nago Rishi (deceased) along with his wife (PW 6) had been to the field of Paltu Das (PW 1) for doing work as labourer. Baleshwar Mahto, the appellant, came at 2.30 PM and requested the informant's bother (deceased) for taking toddy. The informant's brother Nago Rishi went with Baleshwar Mahto in Mathuriyabari but did not return till night. The informant knew that Baleshwar Mahto had already returned. The informant's mother (not examined) and bhabhi (PW 6) went to Baleshwar Mahto to inquire whereabout of Nago Rishi but he told that Nago got himself separated at 5.00 PM. The informant, thereafter, along with Madan Rishi (not examined), Sada Rishi (not examined) and Haleshwar Rishi (not examined) went to trace Nago Rishi, then one Santhal of Jayanti Gram told that Nago Rishi was with Baleshwar Mahto till 8.00 PM and both were taking toddy. In the next morning search was made along with Jamun Rishi (not examined), Haleshwar Rishi and Shiv Charan Rishi. At about 4.00 PM dead body of Nago Rishi was found in the north of bridge on Badhututta Dhar. The dead body was taken out. The neck was twisted and skin peeled off. It was suspected that Nago Rishi had been done away and after killing the dead body was thrown in the river. The fard-beyan resulted into formal FIR (Ext.1) vide Korha P.S. Case No. 0111 dated 8.7.1989 under sections 302, 201 of the Indian Penal Code and investigation commenced. The inquest report (Ext. 2) was prepared, post mortem report of the dead body (Ext. 3) was obtained from the hospital, statement of witnesses was taken and the place of occurrence was investigated into. The Investigating Officer found the case to be true, so chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where charge under sections 302/201 Indian Penal Code was explained to the accused to which he pleaded his innocence and trial proceeded.

(3.) Before the trial court the prosecution has examined PW 1 Paltu Das, PW 2 Patwari Hansda, PW 3 Puran Besra, PW 4 Tala Hansda, PW 5 Kishan Rishi, PW 6 Jayanti Devi, PW 7 Shankar Prasad Poddar, PW 8 Sheo Janam Singh, the Investigating officer and PW 9 Dr. Amarnath Kejariwal, who has held post mortem.