RAJU ALIAS RAJENDRA MAHTO Vs. STATE

JUDGEMENT

(1.) This appeal by Raju alias Rajendra Mahto arises out of his conviction under Section 302 of the Indian Penal Code by the learned Sessions Judge of Singh hum at Chaibasa. He has been sentenced to imprisonment for life. He was tried with.four other persona, namely, Dolu alias Dhora Mabto, Borjo Mahto, Jairam Mahto and Raghu-bir Mahto. Out of them, Jairam Manton alone was convicted under Section 323 I.P.C. and sentenced to undergo rigorous imprisonment for six months. The remaining three accused were acquitted. Jairam has not preferred an appeal to this Court.

(2.) The appellant was tried on the charge of murder for having killed Kunj Behari Mahto, son of Baya Mahto (P. W. 1) of village Baranga within police station Manoharpur in the district of Singhbhum at about 8 a. m. It was alleged on behalf of the prosecution that on the day of occurrence, i. e., on the 2nd of July, 1959, in the morn ing Baya Mahto (P. W. 1), his deceased son, Kunj Behari Mahto and a laborer Doma Manjhi (P. W. 5) were engaged in plaguing plot No. 856 situated in Hellebore alias Kharilagore alias Heber in the village.

(3.) While on his way home Baya met his daughter Monju who was coming to the field with, more Kodo seeds. He told her what had happened in the field. He then narrated this incident to Rathu, Kurso Mahto and Shrikrishna Mahto. The choukidar was also informed about the occurrence and he accompanied Baya to the police station where the first information report was lodged at 11-30 a. m. The Officer-in-charge of the police station (P. W. 15) recorded the first information examined the injuries on the person of Bayer and sent him for medical aid to the doctor. The choukidar was deputed to look for a boat to ferry the police party to village Baranga and he came back with accused Raju in custody. He too was found injured,