GOPAL MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Pankaj Verma assisted by learned counsel Mrs. Gouri Debi and learned Additional Public Prosecutor, Mr. Vijay Kumar Gupta representing the State.

(2.) Out of the four accused persons who were sent up for trial in connection with Jama P.S. Case No. 78 of 1993 for the charge under section 302/34 and 452 of the IPC (G.R. Case No. 933/1993), three of them were acquitted by the learned 1st Additional Sessions Judge, Dumka while the fourth accused Gopal Mahto @ Kriti Chand Mahto (appellant) was convicted under both the charges vide impugned judgment dated 30.11.1995 rendered in Sessions Case No.- 71 of 1994. He has been sentenced to undergo imprisonment for life under section 302 of the IPC and rigorous imprisonment for two years under Section 452 of the IPC vide impugned order of sentence dated 02.12.1995. Both the sentences to run concurrently. That is how the appellant is before us in trial.

(3.) As per the prosecution case made out in the fardbeyan of the informant Habu Mahto (P.W.4), he alongwith his wife were lighting diya (earthen lamps) on the occasion of Deepawali on 13.11.1993 in their house when these four accused persons namely Munshi Mahto, Kishun Mahto, Jaipal Mahto and Gopal Mahto @ Kriti Chand Mahto (appellant) came armed with lathi, danda at about 6.00 P.M. and committed tress pass in their house for assaulting them. Out of fear the informant and his wife hid themselves in a room and bolted themselves from inside. Their 20 day old daughter was sleeping on a cot in another room where it is alleged that the accused entered. After few moments the informant heard the weeping sound of his infant daughter and when they came out of their room, they found their daughter lying dead on the cot. His wife started weeping. Informant called other villagers such as Bishu Mahto P.W1 and Kishun Mahto P.W.6 and showed the dead body of their infant daughter. Informant alleged that these accused persons had pressed their daughter to death by legs and escaped when they were not able to find the informant. The reason for the occurrence was previous enmity.