NAWMI MAHATO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence dated 9.1.1996 and 11.1.1996 respectively, passed by learned Additional Judicial Commissioner, Khunti, Ranchi, in Sessions Trial No. 638 of 1991, convicting the sole appellant Nawmi Mahato under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(2.) THE prosecution case, as per the statement of the informant Ajgut Mahto (P.W. 2), is that he is one of the four brothers, who are living jointly. The third brother is appellant Nawmi Mahato, fourth brother is Surendra Mahato alias Surendra Nath Mahto (P.W. 1) and the eldest brother is Manbodh Mahto (P.W. 4). On 17.11.1989 at about 8.00 p.m. appellant Nawmi Mahto was at home along with his father Ram' Hari Mahto (deceased). The informant and his elder brothers had gone to market and Surendra Mahto (P.W. 1) had gone to the field for irrigating the same, while his father (Ram Hari Mahto) and appellant '(Nawmi Mahto) were there at the home. When Surendra Mahto (P.W. 1), after irrigating the field, returned back home, he saw appellant Nawmi quarrelling with his father. There was scuffle. In the meantime, appellant gave one blow with the blunt portion of Tangi (axe) on the head of his father Ram Hari Mahto. On being injured, Ram Hari Mahto fell down. P.W. 1 (Surendra Mahto) when tried to intervene, he was also threatened and hence he fled away. He saw that his father had died. He raised Hulla. The villagers assembled there and by that time the appellant had fled away from the home. He was not traced out on search in the village. The appellant used to pick up quarrel with his father only due to money matters. When the informant Ajgut Mahto returned home from the market, then he was informed about the alleged assault by the appellant, resulting in the death of their father. Due to late in the night, in the next morning he went to the police station and informed the police.

(3.) AFTER considering the evidence and witnesses, who are eleven in number, and the documentary evidence, First Information Report Post -mortem report, inquest report etc. the learned Additional Judicial Commissioner, Khunti, Ranchi, convicted the sole appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The point for consideration is as to whether the conviction and sentence, passed by the learned court below, can be sustained.