BAILALSH MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Prosecution case is about lynching the deceased for being suspected of committing theft of machine parts of the appellants.

(3.) Informant- Awadh Kishore Singh lodged the FIR on 25/10/1986 that on 24/10/1986, he received information from one Vijay Singh of village that his brother- Awadhesh Singh had been done to death by Bailalsh Mahato, Lalu Mahato, Bhagat Mahato, Kailash Mahato in front of the house of Jagdish Dusadh by means of axe. Naresh Singh was direct eye witness to the incidence. Genesis of offence has been stated that the accused persons had alleged that the deceased was involved in dismantling machine parts.