DEBU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment dated 30th Septem ber, 2002 passed by learned 3rd Additional Judicial Commissioner, Khunti in Sessions Trial No. 513 of 1998 whereby and where -under, the appellant, named above, have been convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment.

(2.) THE case of prosecution as per FIR dated 10th February, 1998 lodged by the informant, Saraswati Devi (PW 2, wife of the deceased) is that her nanad, Waris Devi was married with Kartik Mahto (A -7) about 15 years back. They were blessed with a son aged about ten years. About two months back, Kartik Mahto (A -7) again married with another lady and after about 2 -3 days of marriage, he turned out his wife, Waris Devi after assaulting her. Since then Waris Devi was living with the informant and her husband. It was further stated that her nanad, Waris Devi filed a Maintenance Case No. 62 of 1997 against Kartik Mahto (A - 7) which is pending in the civil Court, Khunti. Further case of the prosecution is that on 8th February, 1998, when the informant and her husband, Lal Babu Mahto were not at their house, Kartik Mahto came and forcibly took her nanad to Jamdih. When they returned, they came to know about this incident. On the following day i.e., 9th February, 1998, her husband proceeded to village -Jamdih in search of his sister.

(3.) PW 4, Mangal Mahto stated that Kartik Mahto had married with another woman and left her first wife, Waris Devi. Waris Devi had filed a case against her husband. He further stated that Kartik Mahto had forcfully taken away Waris Devi. In the evening of Monday, Lal Babu Mahto had gone to the house of Kartik Mahto in search of Waris Devi. On the next day at about 4 a.m., Prabhu Mahto came and informed him that his son was assaulted by Kartik Mahto, Debu Mahto, Chandra Mohan Mahto, Baijnath Mahto, Lakhan Mahto, Chotu Mahto and Lalu Mahto. Thereafter, he along with her daughter -in -law, wife and others went to the house of Kartik Mahto where he found his son lying unconscious, in an injured condition. Prabhu Mahto brought water and the wife of Lal Babu Mahto sprinkled water on the face of her husband. While his son regained consciousness, told that kartik Mahto and other accused persons (appellants herein) had assaulted him with lathi, tangi thenga and farsa. Thereafter, his son (deceased) again became unconscious. During the cross -examination, PW 4, he has also stated that during the date of alleged incident, his son had gone to Khun -ti alone and subsequently he had gone to Aradih along with Ram Das Puran. During the cross -examination, PW 4 clearly stated that on regaining consciousness, the deceased narrated the incident to him, his daughter, Nuni, his wife and wife of Lal Babu Mahto i.e. the informant. PW 4 further stated during the cross -examination that he made statement before the police that on regaining consciousness, Lal Babu Mahto told him that all the accused persons (appellants herein) had assaulted him. PW 4 also stated that they carried Lal Babu Mahto to Tamar Police Station on a bullock cart arranged by the villagers, who assembled there. This witness (PW 4) during his long cross -examination remained firm and defence failed to make out any vital contradiction in favour of appellants. PW 5, a formal witness stated that he had gone to R.M.C.H. along with Lal Babu Mahto where Lal Babu Mahto died. He put his signature on the inquest report, marked as Exhibit -3/2 and the signatures marked as Exhibit -3 series. PW 6, Karla Devi is the nice of the appellant, Kartik Mahto (A - 7). She was declared hostile by the prosecution, but accepted that her uncle Kartik Mahto was married with Waris Devi. PW 7, Soma Uraon has stated that some quarrel had taken place with Kartik Mahto but made no statement with regard to incident. He stated that Kartik Mahto had one only wife, Waris Devi and he does not know Lal Babu Mahto, nor knows whether Lal Babu Mahto is dead or alive. However, in the last part of his examination -in -chief, he stated that Lal Babu Mahto is dead. PW 8, Prabhu Mahto made no specific statement regarding the incident. He only stated that on the alleged date of incident he was not in his house and on return, he came to know that Lal Babu Mahto died in the hospital.