STATE OF JHARKHAND Vs. RAMAN MAHTO

JUDGEMENT

(1.) All the four appeals along with Death Reference have been heard together and are being disposed of by this common judgment as they are arisen out of the same judgment passed by the 1st Additional Sessions Judge, Latehar in Sessions Trial No. 7 of 1994, whereby and whereunder, the learned Additional Sessions Judge convicted the appellants Ramana Mahto and Kunjla Ganjhu for the offence under Sections 148, 307, 302 and 149 of the Indian Penal Code, whereas the other appellants, namely, Natwa Ganjhu, Butan Mahto and Bisna Ganjhu have been convicted under Sections 148, 307 and 149 of the Indian Penal Code. Appellants Butan Mahto, Natwa Ganjhu and Bisna Ganjhu have been senenced to undergo rigorous imprisonment for five years each and a fine of Rs. 500.00 each under Section 307 and 149 of the Indian Penal Code, whereas appellant Kunjal Ganjhu has been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 1,000.00 under Section 302 of the Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 500.00 under Sections 307 and 149 of the Indian Penal Code and in default of payment of fine, the appellant was further directed to undergo rigorous imprisonment for six month each; whereas the apellant-Ramana Mahto was sentenced with death punishment under Section 302 of the Indian Penal Code and he was further sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 1000.00 under Sections 307 and 149 of the Indian Penal Code. However, no separate sentence was passed against this appellant under Section 148 of the Indian Penal Code. All the sentences are ordered to run concurrently. Accordingly, Death Reference No. 3 of 2003 has been made on the basis of the letter addressed to the Registrar General of the High Court of Jharkhand at Ranchi by the learned trial Court for confirmation of the death sentence.

(2.) The case of the prosecution as alleged is that on 7-8-1992 at about 7 A.M. in the morning one Akhtar Ansari along with his brother Amanat Ali and their father Abid Ansari claimed to have gone to their paddy field situated at a distance of five yards from their house. His brother Amanat Ali was ploughing the land and he along with his father was working in the said paddy field. In the meanwhile, all the accused persons including others having armed with deadly weapons like gun, tangi, farsa etc., came to their paddy field and started firing with their guns. It is alleged that accused Ganjhu fired shot from his gun to his father as a result of which his father fell down and thereafter accused Ramna Mahto assaulted with his Dabia and cut his neck and, as such, his father died instantaneously in the field. It is further alleged that accused Jhalua Ganjhu fired shot on his brother causing injury as his brother is admitted in the hospital. By seeing brutal murder of his father, the informant fled away out of fear. The reason behind the occurrence is that the accused person used to graze their land and for which there was quarrel between them.

(3.) The police investigated into the case and submitted charge-sheet after finding prima facie case. The appellants appeared before the Additional Sessions Judge during trial. Charge was framed against all the appellants. Witnesses were also examined during trial. After hearing both sides and on perusal of the evidence on record, the learned trial Court convicted and sentenced the appellants in the manner as stated above.