KISHUN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by Judgment of conviction dated 07.03.2006 and Order of sentence dated 10.03.2006, passed by the learned 1st Additional Sessions Judge, Bermo at Tenughat, in S.T. No. 145 of 2001, 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, he has been sentenced to undergo R.I. for life for the said offence.

(3.) The prosecution case was instituted on the basis of the First Information Report lodged by Ishwar Mahto, the son of the deceased Murat Mahto, on 31.10.1986 at Nawadih Police Station. Shorn of unnecessary details, it is alleged that the informant had a tank in which there was some excavation work about four to five days prior to the occurrence, due to which some soil fell in the adjacent paddy field of the accused Kishun Mahto, which was objected by Kishun Mahto and as such, the digging of the pond was stopped. It is alleged that on the date of the occurrence also, the accused had threatened the informant and his father for the said reason, and also for the reason that he was made accused in one murder case. It is alleged that on the date of occurrence, the father of the informant had bathed his buffalo in the said pond and thereafter he was grazing the buffalo in the nearby field, where other persons were also grazing their cattle. The informant was also grazing his goat. In the meantime, the accused Kishun Mahto came armed with farsa and started assaulting his father. He made three to four assaults on his father due to which, his father fell down being injured. Upon raising alarm by the persons nearby and the informant, the accused fled away. While the informant was bringing his father to the hospital, his father died in the way, and then he brought the dead body to the Police Station and lodged the F.I.R., on the basis of which, Nawadih P.S. Case No. 63 of 1986 corresponding to G.R. No. 850 of 1986 was instituted for the offence under Section 302 of the Indian Penal Code against the accused Kishun Mahto. The investigation was taken up and after investigation, the police submitted the charge sheet against the accused.