MATAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These two criminal appeals, being Cr. Appeal (DB) Nos. 393 of 2008 and Cr. Appeal (DB) No. 322 of 2008 have arisen out of common judgment of conviction dated 15.01.2008 and order of sentence dated 18.01.2008, were heard together and are disposed of by this common judgment.

(2.) These two appellants Matan Mahto (appellant of Cr. Appeal (DB) No. 393/2008) and Choto Singh @ Chotnath Singh (appellant of Cr. Appeal (DB) No. 322/2008) have been convicted and sentenced by judgment of conviction dated 15.01.2008 and order of sentence dated 18.01.2008, passed by the learned Additional Judicial Commissioner No XVIIth, Ranchi in Session Trial No. 234 of 2002, arising out of Chanho P.S. Case No. 71/2001, corresponding to G.R. No. 2526 of 2001, whereby and whereunder, the learned trial court having found both the appellants guilty, convicted them for committing the offence punishable under Sections 364/34, 302/34 and 201/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5000/- each for committing the offence punishable under Section 364/34 IPC, rigorous imprisonment for 5 years and to pay a fine of 2000/ each for committing the offence punishable under Section 201/34 IPC and lastly rigorous imprisonment for life and to pay a fine of Rs.10,000/- each for committing the offence punishable under Section 302/34 IPC and it was ordered that all the sentences shall run concurrently. It was ordered that in default of payment of fine, further imprisonment for 6 month.

(3.) The prosecution case is based upon the fardbeyan of one Kameshwar Mahto (P.W.5). He stated that his maternal aunt (Maasi) Bandhan Devi (the deceased) is residing with her four minor children and is earning her livelihood by working in brickkiln. On 8.9.2001, she returned from Chapra. On 9.9.2001, the informant was working in his agricultural field, when his cousin Muni Kumari aged about 7 years, came crying and narrated before him, that on the last night Ropana Oraon and Biglah Oraon came to her house and demanded money for the purpose of consuming liquor but her mother did not pay the same. At night, when they were sleeping at about 21 hours, her uncle Matan Mahto and Banda Budhwa @ Konka Budhwa and two others persons entered their room after dislodging the tiles (Khapras) of the roof. Two persons had covered their faces so she could not identify them. Those persons assaulted her mother and dragged her out of house by help of a rope and took her away. She also narrated to the informant that her uncle Matan Mahto, in greed of money, could commit murder of her mother.