RAMESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT criminal appeal is directed against the judgment of conviction under Section 302 of the Indian Penal Code, passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 436 of 1993, whereby and whereunder, sole appellant Rameshwar Mahto was sentenced to undergo imprisonment for life.

(2.) PROSECUTION was launched on the statement of the informant P.W. -5 Narain Mahto (informant) before the officer -in -charge of Tisri Police Station on 24.2.1993 at about 6:00 p.m. stating, inter alia, that his brother Dwarika Mahto(since deceased) had lent Rs. 1200/ - to the accused Arjun Mahto (absconder) and to realize the same his brother Dwarika Mahto demanded his money from Arjun Mahto near the grainery of one Dilo Mahto where altercation took place and it was alleged that Arjun Mahto / and Rameshwar Mahto(appellant) went to their house and carried a stick and a Farsa respectively, Beth shifted assaulting Dwarika Mahto at the khalihan (grainery) of Dilo Mahta, The informant Narain Mahto, observing the occurrence from some distance, rushed there and

(3.) P .W. -l Babulal Prasad Yadav, P.W. -6 Munshi Prasad Yadav and P.W. -5 Narain Mahto (informant) were produced on behalf of the prosecution as eye witnesses of the occurrence. P.W. -2 Chhotu Yadav was unfavourable to the prosecution. P.W. -3 Kedar Yadav and P.W. -4 Jago Mahto were the inquest witnesses. P.W. -7 Anjani Kumar Tiwari had investigated the case. P.VV. -8 Dr. Bhupendra Prasad Singh had held autopsy of Janki Mahto whereas post mortem of Dwarika Mahto was conducted by P.W. -9 Dr. Shalendra Kumar. P.W. -10 Guru Sahay Mahto was produced as hearsay witness.