PARITOSH MAHTO ALIAS PAPPU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mrs. Rashmi Kumar representing the appellant and Mr. Shekhar Sinha, learned Additional Public Prosecutor representing the State.

(2.) The sole convict who has faced conviction under Section 302 of the I.P.C and is undergoing sentence of R.I. for life with fine of Rs.5000/-, in default whereof, to undergo further R.I. for 10 months under the impugned judgment dated 27.01.2011 and the order of sentence dated 29.01.2011 passed in S.T. No. 87 of 2009 by the learned Court of Additional Sessions Judge, F.T.C.-II, Seraikella, is in appeal before us.

(3.) The investigation was set into motion upon institution of the formal FIR being Chandil P.S. Case No. 145 of 2009 registered on 30.06.2009 at 10.00 a.m. on the basis of fardbeyan of the Informant Kusha Mahto (P.W.7), husband of one of the deceased Tilka Mahatani and nephew of other deceased Kamal Mahto recorded at 6.40 a.m. on 30.06.2009 at his house at Bandhu Gora village by the Sub Inspector of Police Lal Muni Ram, Officer-In-Charge of Kapali Police Station, Chandil, District Seraikella. The gist of the occurrence is as under: