RAMAGYA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the night of 6/7th August, 1970 one Jarban Mian was found dead in a mysterious circumstances. The deceased was son of Md. Ishaque and was work ing as domestic servant in the house of Rajchhatri Mahto since 12 years. It ap- pears that the deceased after taking meat and chura had gone to the house of his master Rajchhatri Mahto in the night for sleeping there as usual. There is a Brahmsthan near the house of Rajchhatri Mahto where Jhakri, a sort of play, was going on on the occasion of Mahabiri Jhanda Day. The deceased was seen playing Jhakri till late night, thereafter he went to sleep in the house of Rajchhatri Mahto. In the morning, one Jhingur Dusadh informed Ishaque Mian that his son was lying dead in the cow shed of Rajchhatri Mahto. Ishaque Mian and his wife went near the cow shed and found their son dead. There the mother of Rajchhatri Mahto informed them that the deceased died due to snake bite. Ishaque Mian and his wife returned to their house where the dead body of Jarban Mian was brought. Ishaque Mian was advised to lodge information to the Police but he was not in favour of going to police since Rajchhatri's mother had informed him that his son had died due to snake bite. He did not suspect any foul play. Ishaque Mian ultimately filed fardbeyan before the Lauriya Police Station on 7-8-1970 about the mysterious death of his son. A case under Section 302 I.P.C. was registered by the police against unknown. On 9th August, 1970 i.e. after the registration of the case, post-mortem examination was done on the dead body of the deceased which revealed extensive bruises on the back side and front of chest, face, both axillary regions and both upper arms. On dissection clotted bloods were found underneath the tissues of the bruised area. There was haematoma in both lungs. The autopsy surgeon found that the deceased had died due to injury caused to lungs which was caused by hard and blunt substance. It is established from the medical evidence that it was a case of homicide.

(2.) The investigation proceeded further and it was revealed that the present appellant Ramagya Mahto and his brother Thakur Mahto had asked the father of the deceased to hush up the case and for that they promised to give him 5 kathas of land. This fact was stated by the mother of the deceased.

(3.) Dip Narain Pandey, who was examined as P.W. 5 had seen the deceased taking part in that Jhakri. At about 2.00 a.m. when Dip Narain Pandey was going to his Khalihan, in the torch light he saw the appellant and his brother Thakur Mahto bringing a cot from their house over which a man was sleeping. On enquiry he was told by Thakur Mahto that he was taking his wife to Sathi Railway Station as she was ill. The appellant kept the cot in the cow shed. In the morning this witness learnt that Jarban Mian was dead and also say the dead body in the house of Rajchhatri Mahto. He narrated what he had seen in the night to P.W 4 Kamakhya Shukul.