MADAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These Criminal Appeals are preferred on behalf of the appellants being aggrieved by the impugned judgment of conviction and order of sentence dtd. 28/9/2002 passed by Learned IInd Additional Judicial Commissioner, Khunti, Ranchi, in S.T. No.82 of 2000, whereby and wherein the appellants have been convicted for offences under Ss. 307/34 and 302/34 I.P.C. They were sentenced to undergo rigorous imprisonment for 10 years for offence under Sec. 307/34 I.P.C. and further to undergo imprisonment for life for offence under Sec. 302/34 I.P.C.

(2.) The instant case is based on the fardbeyan of P.W.-7. She is the wife of the deceased. She stated that they were washing their hands and feet near their well when these appellants came and started assaulting her husband. She stated that she was there but after her husband was assaulted on the back and hand, was thrown into the well. She further states that though she was not assaulted but she was also thrown in her well. As she screamed and raised alarm, her brother-in-law and son of brother in law i.e. P.W.-1 and P.W.-4 came and rescued them from the well. Her husband was still then alive but died on the way to the hospital.

(3.) Based on the aforesaid fardbeyan F.I.R. being Sonahatu P.S. Case No.48/99 was registered against the appellants under Ss. 302, 307/34 I.P.C. and charge-sheet was filed against the appellants under Ss. 307, 302/34 I.P.C. Thereafter cognizance was taken by learned A.C.J.M. and then the case was committed to the Court of Sessions. As the appellants pleaded not guilty, charges were framed.