BIBHUTI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL three accused namely Bibhuti Mahato, and his two sons namely Sunil Mahto and Vakil Mahto faced the trial for the charge of section 302/34 IPC for allegedly committing the murder of one Narottam Singh (hereinafter to be referred to as deceased) and father of PW Haradhan Singh, the first informant. All stand convicted for the said charge vide impugned judgment of the learned trial court dated 30th of June 2003/2nd of July, 2003 and sentenced to undergo imprisonment for life. Hence, the instant appeal.

(2.) AT the very outset, it has been brought to the notice of the Court by learned State counsel that accused Bibhuti Mahato died in the jail on 30th of September,2003. She has placed jail report in this regard. The instant appeal thus stands abated qua accused Bibhuti Mahato and survives qua his two sons namely Sunil Mahto and Vakil Mahto.

(3.) SUNIL Mahto is stated to be in custody from initial date of his arrest, i.e. 19th of March 2001 whereas his brother Vakil Mahto is on bail. Sunil Mahto, thus has already undergone his substantive sentence of about 14 years. Since we are in the process of hearing old appeals pending in this court since long while considering the incarceration period, priority has been given to the instant appeal for its final consideration.