GAUR MOHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal was initially preferred by Gaur Mohan Mahto, Niranjan Mahto, Jyotilal Mahto, Jagarnath Mahto and Motilal Mahto against the judgment of conviction and order of sentence passed by 2nd Additional ,Judicial Commissioner, Khunti, Ranchi dated 31.7.2001 whereby and whereby the appellants have been convicted under Section 302/34 of the IPC and sentenced them to undergo imprisonment for life. They have also been awarded fine of Rs. 1,000/ - each payable to the State of Jharkhand.

(2.) IT is submitted by learned counsel for the appellants that appellant no. 1 Gaur Mohan Mahto and appellant no. 2 Niranjan Mahto had died during the pendency of this appeal and therefore the appeal filed on their behalf is abated and now they are pressing the appeal on behalf of appellant nos. 3, 4 and 5.

(3.) THE prosecution, in brief is that Abhiram Mahto came alongwith three she goat and kept them in her house. On the same day, in the evening at 7 p.m. Abhiram Maho, Mochi Mahto, Jagarnath Mahto, Gaur Mohan Mahto, Shim Mahto, Niran Mahto and his two sons came with lathi in search of her husband. When she told that he was not present, Niran Mahto called him from the village and thereafter they went in the back of her house and started enjoying camp -fire. It is further alleged that in course of that all the accused persons started assaulting informant's husband. After hearing hulla, she went there and found that her husband was writhing on the ground in a pool of blood. Informant's son, namely, Ghashi Ram Singh Munda had tried to raise alarm but the accused persons also slapped him. During that period, Radha Govind Patar came and tried to pacify the matter, but he had also been "assaulted with lathi. After receiving injury, Radha Govind Patar fled away and raised alarm then all the accused persons fled away. Husband of deceased was seriously injured, therefore, he was brought to the house and in the night itself at about 10 -11 p.m. he died. It is further stated that on 21.1.1996 while the informant was going alongwith village chaukidar, in the way, she met with the police officer accordingly information about the occurrence was given.