MADHU MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard Mr. P.S. Dayal, learned counsel for the appellant and Mr. Pankaj Kr. Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 31/1/1997 (sentence passed on 3/2/1997) passed by Smt. Shakuntala Sinha, learned 1st Additional Judicial Commissioner, Khunti (Ranchi) in S.T. No. 510/1994, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and Sec. 201/34 of the Indian Penal Code and has been sentenced to imprisonment for life u/s 302/34 of the Indian Penal Code and R.I. for five years for the offence u/s 201/34 of the Indian Penal Code.

(3.) The fardbeyan of Sakhi Devi was recorded on 12/12/1993, wherein she has stated that her husband had solemnized two marriages and both the wives are alive. The informant had six daughters while her sautan has a son and a daughter. On 11/12/1993, her husband had left the house at 3:30 P.M. for Chandandih for purchasing vegetables. When in the evening he did not return back she started searching for him and asked the villagers who disclosed that they had seen her husband in the market. Since night had fallen she could not gather any information. In the morning at 8:00 A.M., she along with her younger daughter left her house for Chandandih market and near Chirudih at Jaragora tand she found the cap and a slipper of her husband and some tomatoes and brinjals were found scattered. She had a suspicion that her husband has been murdered and his body kept somewhere. The informant started searching the bushes nearby and she could locate the body of her husband who was lying dead and his throat was slit. There was a pool of blood on the ground. There was no enmity with anyone except Poya Mahto and Jhagru Mahto over a piece of land in which her husband had won the case and these persons were suspected to have committed the murder. Based on the aforesaid allegations Sonahatu P.S. Case No. 77 of 1993 was instituted for the offences u/s 302/201 of the I.P.C., against unknown persons. On completion of investigation charge sheet was submitted against Madhu Mahto (appellant) and Triloki Mahto and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 510/1994. Charge was framed against the accused u/s 302/34 of the IPC and Sec. 201/34 of the IPC which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.