RAJU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mandar PS Case No. 43 of 2012 was lodged on 03.04.2012 against Narayan Sahu, Raju Sahu, Raju Mahto and Lalu Mahto, on an allegation of committing murder of Renu Mahto in furtherance of common intention. After the investigation Lalu Mahto and Raju Mahto were sent up for trial while final form was submitted in favour of Narayan Sahu and Raju Sahu, which was accepted by the learned Trial Court. Lalu Mahto and Raju Mahto are convicted and sentenced to RI for life and a fine of Rs. 10,000/- each under section 302 read with section 34 of the Indian Penal Code with a default stipulation to undergo further RI for one year.

(2.) In his fardbeyan which was recorded on 03.04.2012 at around 10:00 AM at RIMS, Ranchi in the unit of Dr. Anil Kumar, Vijay Mahto has stated that on occasion of puja (Ramnavmi festival) on 02.04.2012 several persons had assembled for organizing the function. In the morning around 10:30 AM, at the instigation of Narayan Sahu and Raju Sahu his father was assaulted by Raju Mahto with tangi and Lalu Mahto with lathi. His injured father was taken to Mission Hospital, Mandar and then to RIMS, Ranchi where he succumbed to the injuries next morning around 04:40 AM. In course of investigation, the police examined witnesses who are mainly the family members of Renu Mahto. Dr. Sanjeev Kumar who conducted the postmortem examination rendered an opinion that Renu Mahto died due to head injury. In the trial, the prosecution has examined twelve witnesses out of which six witnesses are intimately related to Renu Mahto.

(3.) In Sessions Trial No. 883 of 2012/ TR No. 25 of 2015, the learned Additional Judicial Commissioner-XI, Ranchi has held that Renu Mahto was murdered in furtherance of common intention of Lalu Mahto and Raju Mahto; the prosecution witnesses are reliable and trustworthy, and; the injury No. (i) over head of Renu Mahto is attributable to Raju Mahto while the injury No. (ii) was caused by Lalu Mahto.