ANAND KISHORE MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant was prosecuted for the charge under Sec. 302 of the Indian Penal Code for committing murder of Janki Prasad Mehta. Learned trial court held the appellant guilty and convicted him for committing offence under Sec. 302 of the Indian Penal Code and sentenced him to undergo life imprisonment.

(2.) The case was initiated on the basis of the fardbeyan of Brahamdeo Prasad Mehta, who happened to be the brother-in-law of the deceased residing in the same house.

(3.) According to the prosecution case the deceased Janki Prasad Mehta was a constable and at the relevant time he was posted as treasury guard. In 14-03-2002, at about 10:00 p.m. deceased had came home from duty took meal and went to sleep. At about 12 in the night, the informant said to have heard a knocking sound (khat-khat) in the room where the deceased was sleeping. When he went there, he found the mosquito stick fallen and the deceased was laying flat on the bed with bleeding head injury. The informant raised alarm and several persons from neighbourhood assembled. In the fardbeyan. it was also mentioned that earlier in the evening at about 8:00 P.M. the appellant Anant Kumar Mehta, who is next door neighbour and was in visiting term had come to their house and was preparing litte (a local delicacy) in the kitchen. The informant claimed that some unknown person killed Janki Prasad Mehta due to enmity. On the said basis, a case was registered under Sec. 302 of the Indian Penal Code against the unknown person.