RAJENDRA MAHTO, SON OF NEMA MAHTO, RESIDENT OF VILLAGE, BOKARIA, P.S. MANIKA, DISTRICT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) - The present appeal is directed against the judgment of conviction dated 23.09.2002 and order of sentence dated 25.9.2002 passed by Shri M.L. Chaudhary, District and Sessions Judge, Latehar in Sessions Trial No. 286 of 2001 whereby and where under the appellant as been convicted for the offence punishable under section 304 Part II of the Indian Penal Code and sentenced to undergo Rigorous imprisonment of five years.

(2.) The prosecution case as given by the informant Monarik Mahto (P.W. 3) is that on 27.03.2001, his daughter Geeta Kumari was collecting Mahua from the share of land which belongs to his younger brother Rajendra Mahto for which Rajendra Mahto abused his wife and daughter. In the evening at around 7.00 p.m., when he came home, then he came to know about the abuses made against his wife and daughter from them. On this, he went to inquire from his brother then Rajendra Mahto, in abusive manner, came with tangi and tried to assault his wife Kalawati with tangi but unfortunately his son Ranjan Kumar, aged about 10 years, was hit behind his head and he was injured. At night itself with the help of village people, he was taken to Tumbagarh Hospital where he died. He has said that the assault was the result of the dispute pertaining to collection of Mahua due to which his son was murdered.

(3.) On the basis of the fardbayan, Manika P.S. Case No. 14 of 2001 was registered and after investigation, the police submitted charge sheet against the accused Rajendra Mahto under section 302 of the Indian Penal Code. The cognizance of the offence was taken and the case was committed to the court of sessions. Charge was framed against the accused under section 302 of the IPC and the accused pleaded not guilty and claimed to be tried.