KINU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.7.1987 passed by Shri Chandra Shekhar Sharma, Sessions Judge, Hazaribagh in Sessions trial No. 109 of 1985 convicting this appellant under Section 302 & 201 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life under Section 302 IPC. and to undergo rigorous imprisonment for five years under Section 201 IPC The appellant was tried along with Khakhnu Mahto, his father-in-law and Fulo Devi, his wife of the charges of committing murder of his brother Lutan Mahto, allegedly said to have been committed on 27th of February, 1984 at village-Dahu, Police Station-Tandwa, District-Hazaribagh and for causing disappearance of evidence in respect thereof in order to screen the offenders from legal punishment.

(2.) The prosecution case was initiated on the basis of information (F.I.R.) Exhibit-3 lodged by Chaukidar Dukhan Ghatwar (P.W.I) at Tandwa Folic Station on 6.3.1984 at 8.30 A.M. stating that there was a rumour for preceding one week that Lutan Mahto aced about 18 years had been killed by this appellant Kinu Mahto and his father-in-law Khakhnu Mahto and the dead-body was concealed somewhere in the forest. The motive for murder, as stated in the F.I.R., was that one day before the alleged dated of occurrence Lutan Mahto had called a Panchayati in his village as he wanted to separate from his brother Kinu Mahto and he had settled his marriage but, the appellant Kinu Mahto in order to grab the share of Lutan Mahto did not agree to the decision of the Panchayat and he in order to avoid the same. Killed his brother Lutan Mahto with the help of his father-in-law and that Fulo Devi, wife of the appellant went away to her Naihar after locking her house.

(3.) After usual investigation the police submitted charge-sheet against the appellant Kinu Mahto, his father-in-law Khakhnu Mahto and his wife Fulo Devi and thereafter the case was committed to the court of Session and the trial proceeded against all the three accused.