CHAUDHARY MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the appellants Mr. H.K. Mahato and Mr. Sudhir Kr. Roy, Additional Public Prosecutor representing the State.

(2.) Out of seven accused persons who faced trial including these two surviving appellants, four were convicted by the learned court of Additional Judicial Commissioner, Khunti for the charges under Section 302/34 of the I.P.C. by the impugned judgment of conviction dated 10th October 1996 rendered in S.T. No.788 of 1991 / T.R. No.239 of 1993 and rest three were acquitted of the charges. The convicts were sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the I.P.C. Out of the original four convicts/appellants, two died during pendency of the present appeal and the appeal as respects them stood abated. The remaining two appellants named above are thus pressing the appeal against the impugned judgment of conviction dated 10th October 1996 and the order of sentence dated 11th October 1996.

(3.) On the basis of the Fardbeyan of Charan Mahto, father of the deceased recorded by Sub-Inspector H.N. Ram, Officer-in-charge Sonahatu Police Station at Thungrudih on 26th July 1990 at 10 hours Sonahatu P.S. Case No.35/1990 was registered at 14 hours against four named accused persons and the investigation commenced. The informant in his Fardbeyan alleged that his only son Premanand Singh (deceased) came back from the fields at 6 P.M. on 25th July 1990, brought with him 1/2 kg. of wheat flour, took meal in the house and at 7.30 P.M. he went out saying that he is going towards the shop of Banwari Mahto. Around 8 P.M. the informant heard a loud thud on the nearby road and he ran out with a torch. In the torch light he saw his son lying, bleeding profusely and accused Saynath Mahto (deceased appellant), Ramdas Mahto (deceased appellant) both sons of Daninath Mahto armed with Balua (a sharp cutting weapon) in their hands and Chaudhary Mahto and Chandra Mahto ( both the present appellants) sons of Saynath Mahto, all of village Bansia, P.S. Silli, District Ranchi; present address Thungrudih, Sasural (in-laws house) P.S. Sonahatu, District Ranchi fleeing away after committing the murder of his son. He raised a brawl and several persons assembled there to whom he narrated the occurrence. On these allegations, he named four accused persons having caused the murder of his son Premanand Mahto. Names of three more persons transpired during investigation also on the suspicion of the informant who all were chargesheeted vide three different Chargesheets, first bearing no.35/90 dated 7th November 1990 against five accused persons namely Saynath Mahto, Ramdas Mahto, Chaudhary Mahto, Chandra Mahto and Girdhari Mahto, keeping the investigation pending with respect to Ghasiram Munda and Padlochan Mahto. Subsequently Padlochan Mahto was chargesheeted vide Chargesheet No.23/91 dated 23.04.1991 and later on Ghasiram Munda was chargesheeted vide Chargesheet No.32/91 dated 17.07.91 all under Sections 302/34 of the I.P.C.