MOHAN MAJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 24th February, 2003 passed by learned 2nd Additional Sessions Judge, Seraikella in Sessions Trial No. 320 of 1990 whereby and whereunder the appellants have been convicted and sentenced in the following manner:-

(2.) The prosecution case as per the fardbeyan of the informant Sarla (P.W. 2) is that she was sleeping in her house along with two younger sisters. Her father Sohrai Majhi and brother (P.W. 5) had gone to watch Kali Puja in the village. It is stated that the accused Mohan Majhi on 28.10.1989 in the mid-night came and pushed the door of the house, whereupon the informant raised halla but no one came to her rescue as because of the loudspeakers volume. Thereafter, the informant went to the Kali Puja Pandal to call her father and she told him about the incident and then she and her father returned home. On reaching home her father told the informant to go inside and she went inside leaving her father standing outside. It is stated that Mohan Majhi along with 5-6 others was standing beside the house. Mohan Majhi released an arrow that hit her father on the chest and her father fell on the ground. On raising halla several neighboures came at the spot and the father was taken to T.M.H. for treatment. It is stated that thereafter the accused persons set her house ablaze on fire and fled away. Informant's father was declared dead at T.M.H. the same day on 29.10.1989.

(3.) On the basis of the fardbayan of informant, P.W. 2, Gamharia P.S. Case No. 61 of 1989 was registered against the accused persons and after investigation, the police submitted charge sheet. Cognizance of the offence was taken and the case was committed to the court of sessions. Charges were framed against the accused persons to which the accused pleaded not guilty and claimed to be tried.