KRISHNA MAHTO AND ANR. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 1. Both the appellants stand convicted for the offence under Sec. 302/201 of the Indian Penal Code and sentenced to undergo RI for life under Sec. 302 Indian Penal Code and further sentenced to undergo RI for 7 years under Sec. 201 of the Indian Penal Code by Judgment dated 7/9th Aug., 2001 in Sessions Trial No. 133 of 2000 by Additional Judicial Commissioner-cum-Special Judge-1, Ranchi.

(2.) Brief facts leading to this appeal are that one Sunil Tirkey of village Baazpur in the evening of 27.10.1999 at about 8. p.m. approached the informant Sukara Oraon of same village to accompany him for the purpose of a walk. According to the Informant both of them went out and visited the house of one Pati Oraon uncle of the deceased and husband of PW 3. According to the informant when they were going out of the house of PW 3, convict Krishna Mahto Invited them to share the drinks. The Informant along with deceased and the appellant Krishna Mahto went in search of drinks and could not find it. As further stated when all of them reached near a bridge situated out side the village adjacent to Guru Hospital, all of sudden appellant Shibhu Mahto arrived there carrying a sword. According to the informant both the appellants felled the deceased on ground and cut the neck of Sunil Tirkey. The informant was threatened by them to be killed if he raised alarm. Thereafter they kept the dead body by the side of the Road and took the Informant along with them to their house where they ate. Further stated they came back with a spade and buried the dead body in a paddy field with the help of the informant. The informant was further asked by the appellants to sleep in the. hospital and in the morning taken to another village form where he was forced to drink and eat and only in the evening of 28.10.1999 he was left alone.

(3.) The informant tried to find out the grand father of the deceased but could not locate him as he has gone out of the village. According to him when the grand father of deceased PW 1 returned next day in the evening he narrated the incident to him. This PW 1 further asked him to wait till morning so that he can report the matter to police. However, in the morning police arrived at the village and recorded the statement of the informant. According to this informant the genesis of the occurrence was a love affair between the sister's daughter of the appellants and the deceased. The informant further asserted that though he has seen the occurrence, he could not help the deceased because of fear of the appellants. The dead body was recovered from the paddy field in presence of witnesses. Statements of informant was recorded at 11 a.m. on 31.10.1999 on the basis of which Ratu P.S. Case No. 85 of 1999 dated 31.10.1999 was registered against the appellants under Sections 302, 201/34 of the Indian Penal Code. The inquest report was prepared and dead body was sent for post-mortem examination and finally charge-sheet was submitted against both the appellants. The trial of the appellants was committed to the Court of sessions.