RATAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals have been preferred by the appellants named above against the impugned judgment and order dated 15 -7 -1996 passed by Shri Kapileshwar Prasad, Sessions Judge, Giridih in Sessions Trial No. 172 of 1996 whereby and whereunder appellants, Jagal Yadav, Gulab Yadav, Chetan Yadav and Sahodar Yadav (in Cr. Appeal No. 271 of 1999) have been found guilty for the offence punishable under Section 302/34 and 201 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life and to pay a fine of Rs. 2,000/ - each for the offence under Section 302/34 of the Indian Penal Code and they were also sentenced to undergo R.I. for three years and to pay a fine of Rs. 1,000/ - each for the offence under Section 201 of the Indian Penal Code and in default to undergo S.I. for three months. However, both the offences were ordered to run currently. Appellants, Ratan Mahto, Ramu Yadav and Dharam Mahto (in Cr. Appeal No. 222 of 1999) were found guilty only for the offence under Section 201 of the Indian Penal Code and they were convicted and sentenced to undergo R. I. for three years and to pay a fine of Rs. 1,000/ - each and in default to undergo SI for two months. However, they were acquitted of the charge under Section 302/34 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 10 Manku Mahto, the informant who is the father of Fulwa Devi, the deceased of this case recorded by Sl. Ashok Kumar, O/C, Tisri PS on 16 -3 -1996 at 14.30 hours at the pond in village Ranigaddar where the dead body of the deceased was recovered and the said pond is at a distance of eight kilometers away from his village Ratan Garura and three to four kilometers away from village Kahatouri of the appellants regarding the occurrence which is said to have taken place between 14 -3 -1996 and 16 -3 -1996. The case was instituted by drawing formal FIR (Ext. 5) on that very day at 20.00 hours which is received in the Court empowered to take cognizance on 18 -3 -1996.

(3.) IN course of investigation, the complicity of appellants, Ratan Mahto, Ramu Yadav and Dharam Mahto (in Cr. Appeal No. 222 of 1999) transpired in the occurrence and they were also booked for trial along with the appellants of Cr. Appeal No. 271 of 1999.