KHADU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dated 19.10.2002 and order of sentence dated 22.10.2002 passed by the Additional Sessions Judge, F.T.C. - IV, Dhanbad in Sessions Trial No. 293 of 1997 by which the sole appellant was convicted under Section 396 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 10 years in Govindpur (Barbadda) P.S. Case No. 61 of 2007, corresponding to G.R. No. 1102 of 1997 whereas co-accused were acquitted and the prosecution case was partly disbelieved.

(2.) The informant Tarun Yadav (P.W. 3) delivered his statement on 05.05.1997 in the mid night at about 1 a.m. near 'Haryana Hotel' at Bara Jama. G.T. road within Barbadda Police Station. He narrated that in the night intervening 4/5.5.1997 while he was sitting at the 'verandah' of his Transport Office and two trucks parked near the said office bearing registration No. A.P.-16U7363 and A.P. 27-T 6609 and the drivers as also the khalasi of the said trucks were sleeping in the cabins, several miscreants armed with deadly weapons such as iron rods, pistol, dagger and a bag in their hands suddenly appeared there and started assaulting the cleaners of the trucks Raina Sonu and S.K. Karmulla with fists and slaps and forcibly took out Rs. 1100 and 6,000/- from the possession of each of the cleaners aforesaid. Consequently the informant, the drivers and the cleaners raised alarm and the people, who were present in Haryana Hotel also raised 'holla'. Then two of the culprits moved towards the 'Haryana Hotel' and one of them exploded bomb at the gate of a P.C.O. which caused injury to the culprit who hurled. The owner of the Harayana Hotel then climbed over the roof of the Haryana Hotel and started pelting bricks and stones on the culprits. It is alleged that in retaliation another culprit after taking bag from the hands of injured culprit hurled another bomb on the roof which exploded and thereafter all the culprits escaped from the back side of the Hotel towards North. The witnesses went upstairs on the roof of the Hotel and found the owner of Haryana Hotel, Ramdhan Mahto in the pool of blood. He was dead sustaining injuries caused by splinters of the bomb. The occurrence took place for about 10 minutes and the informant narrated the features of the culprits in details to whom he claimed having seen in the light of bulb. On the statement of the informant Tarun Yadav, the case was registered under Sections 394/302, I.P.C. against 4 unknown culprits.

(3.) During course of investigation the complicity of six accused persons including the appellant Khadu Mahto appeared and that three of them namely Khadu Mahto (appellant), Ramjas Hazara, Somnath Singh were arrested and charge-sheet was submitted against these three under Section 396 of the Indian Penal Code showing the other two dacoits Manga Ram Gorai and Sudhir Hazara absconders pending investigation against Mani Singh. Later on the accused Manga Ram Gorai was also arrested and all the four namely Khadu Mahto. Ramjas Hazara. Somnath Singh and Manga Ram Gorai were put on trial by framing of charge against them under Section 396 of the Indian Penal Code. After criminal trial other three accused were, acquitted except the appellant Khadu Mahto, who was convicted under Section 396 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a term of 10 years.