TRILOCHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. D.K. Chakraverty, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/7/2015 (sentence passed on 31/7/2015) passed by Sri Girish Chandra Sinha, learned 1st Additional Sessions Judge, Seraikella-Kharsawan in S.T. No. 124 of 2013, arising out of Rajnagar P.S. Case No. 02/2013, corresponding to G.R. No. 33/2013, whereby and whereunder the appellant has been convicted for the offences punishable u/s 448/34 and 302/34 of the I.P.C. and has been sentenced to undergo R.I. for six months u/s 448/34 of the I.P.C. and R.I. for life for the offence u/s 302/34 of the I.P.C. along with a fine of Rs.5000.00 and on non-deposit of the fine amount he has to further undergo R.I. for six months.

(3.) A fardbeyan was recorded by Lilawati Mahto on 7/1/2013 to the effect that on 6/1/2013 her entire family members were sleeping after having dinner when at about 10:30 P.M. Dipu Mahto, Trilochan Mahto (appellant) and Bidur Mahto had entered into the house. These persons used to frequently come to the house of the informant since Dipu Mahto had a love affair with her sister Nilu Mahto. Dipu Mahto had given a mobile to her sister but the informant and others had objected to such love affair at which they were threatened with dire consequences. It has been alleged that on the night of the occurrence the informant was sleeping with her sister when the accused persons entered and when the inmates started raising alarm they had put off the lights. The informant and her relatives who were inside had come outside and started shouting and calling the villagers. It has been alleged that the accused persons poured kerosene oil upon Nilu Mahto and set her ablaze. When the villagers started assembling Dipu Mahto and Bidur Mahto managed to flee away while Trilochan Mahto was caught by the villagers after chase. Her sister was fully burnt and she was taken for treatment to M.G.M. Hospital, Jamshedpur. She has stated that Dipu Mahto is distantly related to them.