SARLA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Add.P.P. for the State and learned counsels representing opposite party Nos.2 & 3.

(2.) Mother of the deceased has preferred this petition under Sections 397 and 401 of the Code of Criminal Procedure against the judgment of acquittal dated 09.01.2009, passed in S.T. No. 261 of 2003, by the learned Court of Additional Judicial Commissioner, No.XVII-cum-Special Judge, CBI (AHD Scam Cases), Ranchi, whereunder, the learned court-below has acquitted opposite party Nos. 2 & 3 for the charges under Section 302 read with Section 34 of the Indian Penal Code.

(3.) As per the prosecution case, borne out from the FIR, lodged by the informant i.e. accused-opposite party No.3 herein, on 29.06.2001 at about 6.00 p.m. in the evening his friend Moti Mahto (deceased) met him near Russian Hostel. On his request, the informant sat on the back seat of his motorcycle and went to the shop of the mother of Moti Mahto at Sector-II. On inquiry by Moti Mahto, his mother told that rice and pulse is ready to eat. However, Moti Mahto and informant left the place and after crossing the Project Building, Moti Mahto parked his motorcycle in front of tea shop of Sheo Lochan Sahu. Both of them proceeded towards southern direction from Railway line. All of a sudden, 4-5 persons started assaulting Moti Mahto, out of which, one person was identified by the informant. Out of fear and to save himself, the informant fled away but returned back, when the police jeep reached there. It is further alleged that miscreants were talking to kill Moti Mahto at any cost. Moti Mahto ran towards the tea stall of Sheo Lochan Sahu, but, the miscreants chased him and Banshi Mahto inflicted several knife blow injuries to him. Meanwhile, Sheo Lochan Sahu, his wife and daughter reached there and raised alarm. Prior to the said incident, informant along with Moti Mahto had visited the tea stall and found inimical terms between Banshi Mahto and Moti Mahto. Due to previous enmity, Banshi Mahto committed murder of Moti Mahto along with his associates.