TEKLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 207.2006 passed by the learned 6th Additional Sessions Judge, F.T.C., Dhanbad, in S.T No. 310 of 2004/67 of 2005, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life and a fine of Rs. 500/-, for the said offence.

(3.) According to the prosecution case, the occurrence had taken place sometimes in the night between 22-21.2004. The F.I.R was lodged on the basis of the fardbeyan of Pawan Kumar Mahto, who is the brother of the deceased Haradhan Mahto, who stated that on 22.1.2004, his deceased brother had gone to work in Kankani colliery, but he did not return in the evening. On 21.2004 in the morning, the informant was informed by his neighbour, Sunil Kumar Mahato that the dead body of his brother was lying by the side of the pond, whereupon, the informant and the other villagers went there and saw the dead body of the deceased with several injuries. He has stated that few months prior to the occurrence, Haradhan Mahto had caught Teklal Mahto with a girl of his village in objectionable condition whereupon, he had raised alarm whereupon, the villagers came and also assaulted him. A Panchayati was also held, in which, a fine of Rs. 2,000/- was imposed upon him. Teklal Mahto and his father, Mani Ram Mahto were aggrieved due to the said fact and they used to threaten to kill Haradhan Mahto. On 22.1.2004, the informant had seen Teklal Mahto near the pond. Alleging that the deceased had been murdered by these accused persons due to the said enmity, the fardbeyan was given, on the basis of which, Gobindpur (Barwada) P.S Case No.22 of 2004, corresponding to G.R No.1212 of 2004, was instituted for the offence under Sections 302/34 of the Indian Penal Code against the accused, Teklal Mahto and his father Mani Ram Mahto and investigation was taken up. After investigation, the police submitted the charge-sheet against accused, Teklal Mahto.