BIDYADAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgment of conviction and sentence dtd. 4/6/2002 and 7/6/2002 respectively passed by learned Additional Sessions Judge-I, Bokaro in Sessions Trial No. 55 of 2000, whereby and whereunder the appellant has been held guilty for the offences under Ss. 302 & 307 of the Indian Penal Code and was sentenced to undergo imprisonment for life for the offence under Sec. 302 of the I.P.C. and R.I. for ten years for the offence under Sec. 307 of the I.P.C. Both the sentences are directed to run concurrently without default stipulation. Another accused, namely, Bahadur Mahto, who faced the trial jointly, got benefit of doubt and was acquitted from the charges.

(2.) Factual matrix giving rise to this appeal is that on 30/12/1998 at about 2:00 PM, the informant Anantlal Chakravorty alongwith Sanat Chakravorty wen to the house of Vidyadhar Mahto (appellant) for complaining as to why they assaulted their she-goat, upon this Vidyadhar Mahto stabbed in the stomach of Sanat Chakravorty on left side. It is also alleged that when the informant intervened, then Vidyadhar Mahto pierced knife in his stomach on left side. The informant raised alarm than his father Dhananjay Chakravorty and neighbours rushed to the place of occurrence to rescue them but the accused Vidyadhar Mahto fled away. Both the injured were brought to Baramasia T.O.P., where in the way Sanat Chakravarty succumbed to his injuries. The fardbeyan of Anantlal Chakravorty (informant) was recorded by the officer in-charge, Baramasia TOP in presence of his father Dhananjay Chakravorty. It is also alleged that Vidyadhar Mahto with an intention to kill the informant and Sanat Chakravorty has inflicted knife blow to them.

(3.) On the basis of above fardbeyan of the informant, Chandankayari (Baramasia) P.S. Case No. 138 of 1998 dtd. 30/12/1998 was registered for the offences under Ss. 302 & 307 of the Indian Penal Code.