NARAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The members of the family of Karam Chand Mahto have been made accused by the informant in his fard-beyan which was recorded on 25.10.1993 at about 13:15 p.m at Rajhara O.P. On the basis of his fard-beyan, Patan P.S Case No.137 of 1993 has been lodged against Karam Chand Mahto, Narad Mahto, Dasrath Mahto and Moti Devi under section 341/447/307/324/323 of the Indian Penal Code. The informant who has suffered injuries in the occurrence has died on 27.10.1993 and, accordingly, the offence under section 302 of the Indian Penal Code was added in the report. After the investigation a charge-sheet was filed against Karam Chand Mahto, Narad Mahto, Dasrath Mahto, Moti Devi and Anita Devi. On 29.08.1995, charges under sections 148, 302 and 307/34 of the Indian Penal Code were framed against the accused Karam Chand Mahto and charges under sections 147, 302/149 and 307/34 of the Indian Penal Code were framed against the appellants.

(2.) In Sessions Trial No.106/94 the appellants have been convicted and sentenced to R.I for life under section 302/149 of the Indian Penal Code. A separate sentence of R.I for 3 years under section 148 of the Indian Penal Code and R.I for life under section 302 of the Indian Penal Code has been inflicted upon the appellant, namely, Karam Chand Mahto.

(3.) During pendency of this criminal appeal, the appellant, namely, Karam Chand Mahto has passed away and vide order dated 25.11.2019 this criminal appeal qua the appellant, namely, Karam Chand Mahto has abated.