GHATAK KAMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has faced the trial on the charge under section 302/149 IPC, under section 307/149 IPC and under section 148/149/342 IPC. He has been convicted and sentenced to RI for life and fine of Rs.4000/- under section 302 IPC, RI for ten years and fine of Rs.3000/- under section 307 IPC, RI for two years under section 148 IPC and RI for six months under section 342 IPC.

(2.) In his fardbeyan, the informant, namely, Phool Kamal Mahato has named Tapan Kumar Mahto, Dhananjay Mahto, Ghatak Kamar and Suku Machhua as accused who have murdered Ghanshyam Tantubai and attempted to commit his murder. On the basis of his fardbeyan, Ichagarh P.S. Case No.05 of 2008 was registered against them under section 147/ 148/ 149/ 323/ 342/ 325/ 307/ 302 IPC. After the investigation, a charge-sheet was submitted against them. However, charges were framed only against Tapan Kumar Mahto and Ghatak Kumar @ Budhu Kumar. Subsequently, the accused Tapan Kumar Mahto has absconded during the trial and, therefore, Ghatak Kamar @ Budhu Kamar @ Ghatak Kumar was tried separately.

(3.) The informant has stated that on 02.02.2008 he had gone to watch football match and after he came back he had food at the house of Ghanshyan. After they finished food, Bhagwat Mahato asked him to drop him his home. Therefore, at about 9:00 -10:00 p.m., he along with Ghanshyam left home with Bhagwat Mahato and Paru Mahato and when they reached near the house of Laldeo Kamar suddenly Tapan Mahato, Ghatak Mahato and Suku Machhua along with two unknown persons surrounded them. Tapan Mahato and Ghatak Kamar were carrying rod and Dhananjay Mahato and Suku had lathi in their hand. He has identified them in the torch light. The informant has stated that Tapan assaulted him with rod on his head and other five persons started assaulting Ghanshyam with rod and lathi. When they raised hulla Manoranjan Mahato, Sonaram Tantubai and several other persons came there, however, by the time they tried to save Ghanshyam Tantubai, the accused persons had killed him and fled away. After sometime Officer-in-Charge of Tiruldih O.P. came there and recorded his statement. The informant has stated that the reason why the accused persons have assaulted him and killed Ghanshyam Tantubai was that he had raised suspicion about theft of paddy crops on Tapan and his friends.