LAKHAN MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Praveen Shankar Dayal assisted by Mr. Abhay Shankar Dayal, Advocate and learned counsel for the State, Mr. Ram Prakash Singh, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 27.08.1996 and order of sentence dated 28.08.1996, passed by the learned 6th Additional Sessions Judge, Palamau in Sessions Trial No. 140 of 1986, whereby the sole accused has been convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code and awarded rigorous imprisonment for life.

(3.) The prosecution case is based upon the fardbeyan of informant, Raj Kishor Mahto(P.W.1) recorded by Sub-Inspector of Police, Bishrampur P.S. on 26.09.1985(Thursday) at 11.30 A.M. at the police station. The informant has alleged that, day before yesterday i.e. Tuesday (24.09.1985) at around 7.00 A.M., his father, Kalhar Mahto went to Bishrampur Block for some work. It is stated that after father of the informant left his house, 2-3 hours later Amrit Mahto son of Chunnu Mahto, resident of village- Kummi with big gun, Lakhan Mahto son of Harkh Mahto with big knife and Bramhdeo Mahto son of Lakhan Mahto with small gun were seen by the informant going towards the same way. Since these persons have prior animosity with the informant, as such, the informant had some suspicion that they are following his father, who is supposed to return from Bishrampur and may be killed or assaulted by these persons. The informant along with his younger brother, Kameshwar Mahto (P.W.5) followed them and after two miles on the South-West side, they saw that these persons were sitting on a stone near Khuntisot river. Then, the informant and his brother changed their path and came on another road, which goes towards Mehugai and remained there till evening in anticipation of return of their father but when the informant did not find his father, he thought that his father has stayed in the house of some relative at village- Chhipadohar. It is further stated that yesterday (Wednesday) when both the brothers were ploughing their fields towards the land situated in the Southern portion of the village again they saw those three persons named above going with deadly weapon towards Bishrampur road. The informant and his brother got suspicion and then again both followed them. As soon as they reached near Khunti-Sot river, all the three aforesaid persons have crossed the river and have gone up to Tati Pathar forest, through which the Bishrampur Mughai road is crossing. The informant has further stated that both the brothers crossed the river and saw his father coming on a mare (she horse) at a distance of 100-125 yards. The informant saw that all three accused persons stopped the mare (she horse) and took his father on the ground and thereafter, thrashed him on the ground and raized the neck. Both the brothers raised brawl but since it was a forest, nobody came for help. On hearing brawl raised by informant and his brother accused persons chased them taking gun in their hand but to save their lives, both the brothers fled away and came to their house and informed Ramdeo Mahto, Maluki Mahto, Bideshi Mahto and others. The occurrence has taken place prior to sunset but by the time the informant and his brother have reached the village, it was quite night and because of fear, none of the co-villagers went there. In the morning both the brothers along with the female members of the house and covillagers as stated above went to the place of occurrence and saw the dead body of father of the informant with cut injury on frontal part of the neck and a deep injury on the temple. After leaving the co-villagers and other family members, the informant went to the police station. The informant has further stated that in the year 1982 in the month of June, a dacoity was committed in the house of informant in which Bramhdeo Mahto and Amrit Mahto are accused and because of such animosity they have killed his father. The informant has claimed that all these accused persons because of old enmity, have killed his father.