NIRAKAR MAHATO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Alok Mahto and Nirakar Mahto, who were convicted and sentenced to imprisonment for life under Sec. 302 read with Sec. 34 of the Indian Penal Code for causing death of Madho Singh Munda filed this criminal appeal under Sec. 374(2) of the Code of Criminal Procedure.

(2.) Kharsawan P.S. Case No. 26 of 1991 was registered on the basis of the fardbeyan of Parsuram Mahto, which was recorded by the officer in-charge of Kharsawan P.S. around 7.00 am on 3rd of July 1991. In his fardbeyan, the informant made allegations of assault upon Madho Singh Munda by Alok Mahto, Nirakar Mahto and Gomha Mahto, who according to his wife had come to his house in the evening of 2nd of July 1991 and dragged Madho Singh Munda outside the house. The informant stated before the officer in- charge of Kharsawan P.S. that he received information about the occurrence from Chandmoni Devi, who is his wife. According to the informant, Nirakar Mahato and his brothers were annoyed with the fact that he had employed Madho Singh Munda in his house. The informant further alleged that the accused persons had an eagle eye on his properties which they wanted to grab; the informant has no child.

(3.) In course of investigation, the complicity of Alok Mahato, Nirakar Mahato and Gohma Mahato was found established in the murder of Madho Singh Munda and, accordingly, they were sent up for trial. However, after framing of the charge on 15/5/1992 under Sec. 302 read with 34 of the Indian Penal Code, Gomha Mahto died on 4/8/1992. Therefore, the trial commenced against Alok Mahto and Nirakar Mahto. It is recorded in the order passed in the present proceeding on 28/3/2019 that Alok Mahto also passed away during pendency of this criminal appeal.