RAMJIT MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants are before this Court in appeal against the judgment of conviction and sentence under Ss. 302/34 and 452 of the IPC.

(2.) Informant- Ram Chandar Mahto is the father of the deceased. As per his fardbeyan recorded on 15/3/1980, his daughter- Simiya Devi was married to Ram Muni Mahto (A-2). His son-in-law had ousted and driven his daughter after assaulting her in her matrimonial home. A Panchayat was also held in this regard, but he did not abide by decision of Panchayat. His son Mahesh Mahto (deceased) asked Ram Muni Mahto to take his sister, but he did not agree and finally in writing expressed that he was not interested in keeping her with him. This was objected to by his son Mahesh Mahto and had a hot exchange with him. At this, Ram Muni and his elder brother- Ramjit had extended life threat to him.

(3.) On 15/3/1980, when the informant and Mahesh Mahto were at home, about 7-8 persons came to their house in the evening at 8:00 O' clock and started assaulting the informant. When his son Mahesh Mahto came out, Ram Muni fired at him at the command of Ramjit Mahto. It is said that Ram Muni had covered his face with a towel which fell down due to which he could identify him. Ramjit had covered his face and he could be identified by his voice as he issued the command to shoot Mahesh Mahto. The other family members were assaulted by them. Mahesh Mahto died because of the gun shot injury. It is also alleged that the family members were robbed of ornament and other house hold articles by the dacoits.