BALESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by appellant Baleshwar Mahto against the judgment and order of conviction dated 15/02/1991, passed in Sessions Trial No. 272 of 1986, whereby and whereunder, Sri Shyama Prasad Singh, learned Ist Additional Sessions Judge, Hazaribagh, has convicted the appellant under Section 302 of the Indian Penal Code for committing murder of deceased Pokhan Bhuiyan and sentenced him to undergo rigorous imprisonment for life.

(2.) The informant Birchha Bhuiyan, who is P.W. 9 in this case, lodged and information on 7/04/1981, at about 7.00 p.m. with the local police, alleging therein, that his younger brother Pokhan Bhuiyan (deceased) has gone to collect Mahuwa at Ahariya Garha of village-Chengra, at 8.00 a.m. on that very day. At about 9.00 a.m.when he went to serve meal to his brother, he could not find him (deceased) or any other person there and on search, he found the dead body of his deceased brother hanging on a tree. It has been further alleged that the tree belonged to Balmiki Singh of village-Punai and the deceased and his family members used to collect Mahuwa on Batai, apart from others. Earlier one Bhuneshwar Mahto and Jhaman Sao of village-Chengra had protested the informant and deceased for collecting Mahuwa for which an arbitration had also taken place and in accordance with the agreement, the deceased brother of the informant used to collect Mahuwa. However, in spite of the aforesaid fact, the persons, named above, went on giving threats. On the fateful day, at about 8.00 a.m. the deceased brother of the informant had gone to collect Mahuwa and at about 9.00 a.m. the informant went near the Mahuwa tree to serve meal to his younger brother, where he found the dead body of his younger brother handing with a tree by means of Gamchha. The informant had also heard that the accused Baleshwar Mahto (appellant) and one Gangia Ghatwarin, with whom the appellant had illicit relationship, were seen near the Mahuwa tree. The informant being perplexed, ran towards the house and narrated the entire occurrence whereinafter, the villagers rushed towards the place of occurrence and subsequently, the informant went to the Police Station. The informant gave the names of suspects as that of Bhuneshwar Mahto and Jhaman Sao of village-Chengra as also Baleshwar Mahto of village-Karma to kill his deceased brother.

(3.) In course of investigation it transpired that the appellant Baleshwar Mahto actually committed the murder of the deceased, as the deceased had seen the accused (appellant) catching hold of Sabitri Devi (P.W.4) with an intention to outrage her modesty. The deceased, who was about 10 years old, had threatened to divulge this fact to the parents. In the aforesaid background, the police submitted chargesheet and the appellant was put on trial.