MUKHLAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of 3rd Additional Sessions Judge, Hazaribagh, in S.T. No. 395 of 1990.

(2.) Originally the appellants alongwith one Laxmi Devi were facing trial in this case for the charges under Section 302/34 and 120-B of the Indian Penal Code, out of whom Laxmi Devi was found not guilty of the offence under Sections 302/34 and 120-B of the Indian Penal Code and accordingly, she was acquitted. The two appellants, however, were found guilty for the offence under Sections 302/34 of the Indian Penal Code and accordingly they were sentenced to undergo RI for life under Sections 302/34 of the Indian Penal Code. However, these appellants were also not found guilty of the charges under Section 120-B of the Indian Penal Code.

(3.) Mathura Mahto son of Sri Bhuneshwa Mahto of village Barkagaon, district Hazaribagh, filed a written report in the Barkagaon police station. In the written report, the informant stated that his brother Murli Mahto was married about one and half years ago at Ramgarh with Laxmi Devi, daughter of Sri Lalo Mahto. Murli Mahto used to live alognwith his wife, Laxmi Devi was having illicit relation with his younger brother Pramod Mahto. This led to quarrel between Murli Mahto (deceased) and Pramod Mahto and for that matter a Panchayat was also held, in which Laxmi Devi had stated in presence of her father and panches that she will live with her Dewar, Pramod Mahto. On 24.2.1990 Pramod Mehto had gone out from the house saying that he had to go to Patna with the vehicle where on the worked as Khalasi. It is further stated that on 26.2.1990 at about 7.30 a.m. the informant knew at the residence of local pramukh, from one Rijhan Mahto that a dead body lying near Bank-hatia filed. The Pramukh Sri Gurudyal Mahto set him alongwith Ashok Lal, son of Mahadev Lal and Bandhu Mahto, son of Sri Khuban Mahto to see the dead body, the informant identified the dead body as that of his brother Murli Mahto @ Gallu Mahto. The informant, found that the neck of the deceased was cut with a sharp weapon. He informed the Pramukh Gurudyal Mahto about the aforesaid fact. The informant asked his wife also to enquire from his Bhawah (wife of his brother). The informant's wife, thereafter, called his Bhawah and when quary was made from his Bhawah Laxmi Devi disclosed that in the preceding night at about 11.00 p.m. accused Mukhalal Mahto, Pramod Mahto and one Birendra Mahto had taken away the deceased Murli Mahto @ Gallu Mahto with them from his house. It is further said that Laxmi Devi, the wife of the deceased, had also illicit relation with accused Mukhlal Mahto and Birendra Mahto. This fact was known to the deceased and for which he had also assaulted his wife. It is further said that in the morning on 26.2.1990 these three accused persons, namely, Pramod, Mukhlal and Birendra were not found at their residence. The informant, therefore, suspected that these three persons with the knowledge of Laxmi Devi, wife of the deceased, had murdered Murli Mahto.