PANCHU MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These Criminal Appeals are preferred on behalf of the appellants being aggrieved by the impugned judgment of conviction dtd. 24/4/2002 and order of sentence dtd. 14/5/2002 passed by Learned Additional Judicial Commissioner-cum-Spl Judge-II, Ranchi, in S.T. No.386 of 1996, whereby and wherein the appellants have been convicted for offences under Ss. 302/34 and 120-B I.P.C. They were sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00 each under Ss. 302/34 and 120 B IPC. No fine under Sec. 120B IPC.

(2.) Heard learned counsel representing the appellants and learned counsel representing the State at length. Perused the material available on record.

(3.) The F.I.R. is at the instance of Chandra Oraon. It is the prosecution case that on 5/11/1995 at about 10:00 P.M., Poli Kerketta came to the residence of the informant for taking hen. While she was returning to her house, his brother namely Jabru Oraon and cousin Guna Oraon (both deceased) went to her house to escort her. These two male members did not return at night. The informant thought that they might have stayed in their shop at Jhari More. On 6/11/1995 at 06:00 A.M., one Ram Subhag Singh came and informed him that the dead body of Jabru Oraon and Guna Oraon were lying in front of the house of Baldeo Mahto at the KACCHI road. On receiving this information, the informant along with Etwa, reached the place of occurrence and saw the dead body of his brother lying on the road in front of the house of the appellant ' Baldeo Mahto and some blood stains were also seen on the wall of the house of Baldeo Mahto. The informant stated that there was some altercation from the house of Panchu Mahato and the dead body of Guna Oraon and Jabru Oraon was dragged from the house of Panchu Mahato and thrown in the northern road in front of the house of Baldeo Mahto. The cause of the murder is that 32 to 35 years ago, father of the informant had taken Rs.600.00 (Rupees six hundred), from father of the accused and the land of the father of the informant was kept as a mortgage. The brother of the informant requested Panchu Mahato and Dharmu Mahto several times to return the land but they did not care to return the land, thus, they have committed the murder.