HARIDAS MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants named above have preferred this appeal against the impugned judgment and order dated 3.4.1992 passed in Sessions Trial No. 183 of 1987 by Smt. Shakuntala Sinha, 7th Additional Judicial Commissioner, Ranchi whereby and whereunder they were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life.

(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext.5) of P.W.5, Bhawaneshwar Mahto, the informant and the son of Ganesh Mahto who is the deceased of this case, recorded by S.I., B. Singh, Sonahatu P.S. on 30.6.1986 at 17.00 hours at village -Telawadih regarding the occurrence which is said to have taken place on that very day at 9.00 hours in village Telawadih aforesaid in which Ganesh Mahto was done to death. The formal F.I.R. (Ext. 4) was drawn on that very day at 20.00 hours and on its basis the case was instituted against the appellants.

(3.) THE appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case due to enmity and the land in question is in possession of the appellants.