BIRU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae and learned A.P.P. for the State.

(2.) Sole appellant stands convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with a fine of Rs.10,000/-, in default whereof, to undergo additional simple imprisonment for six months by the impugned judgment dated 30th August, 2013 and order of sentence dated 3rd September, 2013, rendered by the learned Additional Judicial Commissioner- VIIth-cum-Sessions Judge, Ranchi, in Session Trial No.506 of 2011/ T.R. No.165 of 2013.

(3.) The fardbeyan of the informant, Sagan Devi (widow of the deceased), was recorded on 25th July, 2010 at 11.30 hrs. at the house of the informant at Bogai Beda, Tola Gour Beda, under Angara P. S., District- Ranchi, which led to the institution of the F.I.R. at 16.35 hours on the same date. As per the prosecution story unfolded through the mouth of the informant, wife of the deceased-husband, Late Saharnath Mahto, Headmaster of Middle School, Hasala Bera, returned at 6.00 P.M. after attending a meeting under office of District Superintendent of Education, Ranchi on 24th July, 2010. After having their dinner, they were sleeping in the house. Her husband was sleeping at Khat in Verandah while the informant along with her daughter and grand-son were sleeping inside the room adjoining the verandah. At around 10.00 P.M. on the same night, the accused, Biru Mahto entered the first floor of the house along with the wall of the house and chopped up the neck, mouth and private organ of the deceased by inflicting blows by iron dab. The informant saw the same and when she forbidded the accused, she was dragged towards the upper floor of the house but on her screaming, she was dropped on the stairs, the accused jumped from the first floor and fled away. She has stated that on the preceding day of the occurrence, the accused had accosted her as to why she has not cleaned the temple, to which she replied that due to paucity of water, she could not do so. The accused had reportedly asked the grand-son of the informant about the whereabouts of his grand-father. The informant believed that this was the reason for committing the crime. She further stated that the accused had her sasural (in-law's house) in the village. Jit Lal Mahto, a co-villager of the informant was his father-in-law in whose house, he was residing for last one month. However, after commission of the offence, he fled away. She further stated that her fardbeyan was recorded in presence of covillagers, Shyam Lal Mahto and Ramanand Mahto in the presence of the A.S.I., Digamber Pandey of Angara P.S.