STATE OF BIHAR Vs. RAJ KUMAR MAHTO

JUDGEMENT

(1.) Both the Death Reference as well as Criminal Appeal, arise out of the same judgment and order dated 13-8-2003 delivered by Sri Tarkeshwar Pathak, Fast Track Court No. 4, Darbhanga in Sessions Trial No. 159 of 2002. The sole appellant has been convicted under Section 302 of the Indian Penal Code and awarded death sentence. The appellant has called in question his conviction and sentence passed by the lower Court.

(2.) The Fardbeyan (Ext. 4) lodged by Savitari Devi, P.W. 15, unfolds the entire incident which led to murder of her son Pappu Chaudhary alias Santosh Chaudhary. The reason behind the murder is said to be love affairs. The informant has a daughter named Ravi Kumari aged about seventeen years. The appellant used to tease her. The deceased had objection and, therefore, he forbade him not to come to his locality/place. Therefore, the accused-appellant began to bear grudge against the deceased.

(3.) On 21-10-2001 at 6.00 p.m., the informant along with her son Pappu Chaudhary alias Santosh Chaudhary was returning to her residence from her laundry and when they reached near Bhindra of Pokhar, all on a sudden the accused-appellant Raj Kumar Mahto armed with pistol/ revolver and dagger appeared before the victim, Pounced upon him and began to give indiscriminate dagger blows. The informant tried to save her son but she was pushed away by the accused-appellant. Thereafter, again he gave several dagger blows on various parts of the body of the deceased as a result of which he died at the spot. Thereafter, the appellant fled away leaving behind blood stained dagger and revolver/pistol on the spot. On hue and cry raised by the informant several persons of the locality including her family members reached at the spot to whom she disclosed about the occurrence as well as name of the accused-appellant as murderer of her son.