STATE OF JHARKHAND Vs. SANJAY MAHTO

JUDGEMENT

(1.) DEATH Reference No. 6 of 2003, and both the Appeals i.e. Cr. Appeal No 995 of 2003 and Cr. Appeal No. 1047 of 2003, having arisen out of the same judgment and order of conviction and sentence dated 17th June, 2003 and 26th June, 2003, passed by the learned 4th Additional Sessions Judge, Garhwa, in Sessions Trial No. 66 of 2000, arising out of Meral P.S. Case No. 97 of 1999, have been heard together and are being disposed of by this single judgment of this Court.

(2.) APPELLANTS in both the Cr. Appeals have been convicted under Section 364/ 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 12,000/ - each and in default of payment of fine, to undergo simple imprisonment for one year each. All the appellants have further been convicted under Section 302/149, of the Indian Penal Code, and have been awarded capital punishment for which the learned 4th Additional Sessions Judge, Fast Track Court, Garhwa, has referred under Letter No. 123 of 2003, dated 27th June, 2003, being Death Reference No. 6 of 2003, for confirmation under Section 366, of the Code of Criminal Procedure.

(3.) THE learned 4th Additional Sessions Judge, Fast Track Court, Garhwa, has relied the evidence of the closely related witnesses, who were present at the place of occurrence, who are PW 1 Ramesh Mahto son of deceased Ram Nath Mahto, PW 2, Satendra Mahto, son of another deceased Bhuneshwar Mahto, PW 3, Kameshwar Mahto, an independent witnesses of the village, PW 4 Sundri Kunwar, wife of deceased Ram Chandra Mahto, PW 5, Fekni Kunwr, wife of deceased Ram Nath Mahto, PW 6 Sumitra Kunwar, wife of deceased Bhuneshwar Mahto, PW 7 Dr. Jawala Prasad Singh, who conducted autopsy on the dead bodies of three persons and found fire arm injuries to be the cause of death, within 12 to 24 hours, as also the evidence of the I.O. Krishna Nath (PW 8), who found objective evidence at the place of occurrence and recorded the statements of the witnesses, including the fardbeyan of PW 11 Triveni Mahto and his son Rajendra Mahto (PW 10), convicted these appellants for both the charges under Section 364/149 and 302/ 149 of the Indian Penal Code. After hearing on the point of sentence, the learned Court below opined that it is one of the rarest of the rare cases and as such, awarded capital punishment under Section 302/149 of the Penal Code to all the appellants and referred the same before this Court for confirmation.