BISAM MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 11th August, 2004 and order of sentence dated 12.08.2004 passed by 1st Additional Judicial Commissioner, Khunti, in Session Trial No. 429 of 2002 whereby and whereunder, the court having found the appellant guilty of committing murder of Fulmani Devi, the mother -in -law of the informant, and Gopi Mahto, son of the informant, convicted him for the offence punishable under section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - with a default clause.

(2.) THE case of the prosecution is that the informant Choudhary Mahto, PW5 was residing in her in -laws' place as 'ghar -jamai' along with his father -in -law, mother -in -law, wife and his 3 -year old son. On 19.04.2002, while he was working in his courtyard along with his wife Saraswati Devi, PW4, they heard gagging sound coming from inside the house. On hearing this, he along with his wife came rushing inside the house where they saw the appellant assaulting indiscriminately his mother -in -law and son. When they raised alarm, the appellant fled away from there towards the field. The mother -in -law and the son died immediately as several injuries on their persons had been inflicted by the appellant by a Tangi. His wife started crying, upon which, several villagers came over there who told him that they had seen the appellant fleeing away from there. Meanwhile, his father -in -law (PW7) came home from the field and told the informant that he had seen the appellant fleeing towards Rargaon.

(3.) MEANWHILE , on the same day i.e. on 19.04.2002, Vedanand Jha (PW9), Officer In -charge, Tamar P.S. received rumor that two persons have been killed in village Gango. He made Entry of such information in the Station Diary and left for the village Gango where he reached at 4 O'clock and when he found the dead bodies lying in the courtyard of the house of the informant, he recorded the fardbeyan (Ext. 3) of Choudhary Mahto PW5, wherein PW5 stated about the occurrence as has been stated above with a motive that the appellant committed such offence as his father -in -law had refused to give land to the appellant who happens to be his nephew and as such, he was carrying grudge against them. The Investigating Officer took the matter for investigation. During investigation, the Investigating Officer did find number of injuries on the persons of both the deceased. Accordingly, he prepared inquest report after holding inquest on the dead bodies of both the deceased and entered it into the Case Diary (not prepared separately). During inspection of the place of the occurrence, he found blood at the place of occurrence below the cot over which the deceased were sleeping at the time when they were killed. Thereupon, he sent the dead bodies for post -mortem examination. The Dr. R.K. Sinha (PW8) upon holding the autopsy on the dead body of Fulmani Devi did find the following injuries on her person: - incised wounds: