GAHNU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure against the Judgment of conviction dtd. 25/6/1993 and Order of sentence dtd. 28/6/1993, passed by the Additional District and Sessions Judge-II, Godda, in Sessions Case No.12 of 1993 / 6 of 1993, whereby, the appellants have been found guilty and convicted for the offences under Sec. 302 read with Sec. 34 of the Indian Penal Code and upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) It requires to refer herein that the Appellant Nos. 1 and 6, namely, Gahnu Mahto and Radhika Mahto respectively, have been reported dead and, as such, the instant criminal appeal on behalf of the Appellant Nos. 1 and 6 stands abated, as would appear from order dtd. 11/3/2019 passed in the proceeding of the instant appeal. Therefore, the appeal is being pursued on behalf of Appellant Nos. 2, 3, 4, 5 and 7, namely, Vipin Bihari Mahto, Bhim Prasad Mahto, Arjune Prasad Mahto, Lakhiram Mahto and Ram Prasad Mahto.

(3.) The prosecution case is based on the fardbeyan of Bhukhal Mahto, father of the deceased, given before O/C Thakur Gangati, Subodh Kumar Jaiswal (P.W.-14) on 24/10/1991 at about 00:30 Hrs. (12:30 A.M. at night), wherein he has stated that on 23/10/1991 at about 06:30 p.m. accused Gahanu Mahto, Vipin Bihari Mahto, Bheem Mahto, Arjun Mahto, Lakhi Ram Mahto, Radhika Mahto and Ram Prasad Mahto had injured his youngest son Upendra Mahto badly by assaulting with sharp cutting weapon in the eastern Bahiyar of village Dhankaul.