RAJENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jitendra S. Singh, learned counsel for the appellant and Mr. Pankaj Kumar, learned P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 10/9/1997 passed by Sri Abhaya Shankar Prasad, Additional Sessions Judge, Bokaro in S.T. No. 187/1995 whereby and whereunder, the appellant has been convicted for the offence punishable undersec. 302 IPC and has been sentenced to undergo imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Niwaran Mahto recorded on 7/2/1994, in which it has been stated that on 26/1/1994, the nephew of the informant, namely, Punit Kumar Mahto, aged 11 years, had come back home from school after the flag hoisting ceremony. At about 5:00PM, Rajendra Mahto (appellant) had come on a bicycle and had taken the nephew of the informant towards the pond. When the child did not return, even at 8:00PM, he and the others went in search of him. On 27/1/1994, an information about the missing child was also given to the Police. When Rajendra Mahto was asked, he had denied to have any knowledge about the whereabouts of the child. On persistent queries, Rajendra Mahto relented and disclosed that he had left the child near the pond. Even on throwing a net in the well and the pond, nothing could be found. It has been stated that Rajendra Mahto had called his relations about two days back, which created a suspicion in the mind of the informant. Today, i.e., 7/2/1994, some females were discussing that some family members of the accused were frequenting the hut at which, a search was made of the hut and on the western side, on digging the ground, the dead body of Punit Kumar Mahto was found.