BADRI MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and Order of sentence dated 02.03.1993, passed by the 4th Additional Sessions Judge, Giridih in Sessions Trial No. 424 of 1989, by which both these appellants have been convicted for committing the offence punishable under Section 302/34 and 435/34 offence under Section 302/34 of the Indian Penal Code and R.I. for 3 years for the offence under Section 435/34 of the Indian Penal Code. However, both the sentences were directed to run concurrently.

(2.) The prosecution case is based on the fardbeyan of one Baldeo Mahto, wherein he stated that he, along with his uncle Mohar Mahto and nephew Mahesh Mahto, was sleeping in the haystack in the Barn (Khalihan). At midnight, when he felt heat of fire, he came out of the stack and saw Sarju Mahto and Nepal Mahto, both sons of Badri Mahto and Badri Mahto, S/o Prabhu Mahto. Badri Mahto was seen on the other side lighting fire in the haystack with match, whereas Sarju Mahto and Nepal Mahto were standing with Lathi. When the informant confronted them, Sarju Mahto chased the informant with Lathi. The informant ran away towards his house due to fear and raised alarm and scream in the village and also informed about the incident to his father and other family members. When they returned near the Barn, they saw that the straw was completely burnt. They tried to save his uncle and nephew but in absence of water the fire could not be doused. Lateron the villagers, with the help of stick and bamboo, got the dead bodies of his uncle and nephew out of the haystack, but by that time they were fully burnt and were dead. He stated that there was long standing land dispute between Badri Mahto and his family. On last Thursday there was verbal altercation between Badri Mahto and Sarju Mahto with the brother of the informant Arjun Mahto and Tukan Mahto when both these appellants had threatened his brother of dire consequence.

(3.) On basis of the aforementioned statement of the informant, Dhanwar P.S. Case No. 29 of 1989, corresponding to G.R. No. 443 of 1989, was instituted for offence under Sections 302/34 and 435/34 of the Indian Penal Code, against the accused persons and investigation was taken up.