DEBU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 28.02.2003 and order of sentence dated 6.3.2003 passed by the learned Addl. Sessions Judge, Fast Track Court -I, Bermo at Tenughat in Sessions Trial Case No. 149 of 1987, whereby the appellants have been convicted for the charges under Section 302 read with 34 of the Indian Penal Code(I.P.C. For short) and sentenced to undergo rigorous imprisonment for life under the aforesaid sections.

(2.) THE case of the prosecution in brief as per the fardbeyan of Rupchandra Mahto (P.W. -3) recorded at Referral hospital, Jaina More on 24.4.1985 is that P.W. -3 along with his uncle Gopi Mahto (since deceased) had gone to take bath in the village pond. After taking bath P.W. -3 was standing on the bank of the pond and Gopi Mahto was washing his slippers when all of sudden appellant no.1 i.e. Debu Mahto came armed with tangi and without any provocation assaulted Gopi Mahto on the head with a tangi due to which Gopi Mahto fell in the water; that the informant wanted to bring out Gopi Mahto from the water upon which appellant no.1 gave life threat and in the meantime appellant no.2 i.e. Swapan Mahto came armed with lathi and brought out Gopi Mahto from the pond with intent to assault Gopi Mahto; that when the informant asked them not to assault then the appellants chased him with intent to assault; that the informant fled and informed Sulochan Mahto, brother of Gopi Mahto regarding the incident. Whereafter Gopi Mahto's brother Sulochan Mahto, his mother and his wife reached the pond where they found Gopi Mahto lying in unconscious state; that appellants fled away with tangi and lathi and sulochan Mahto, Vinod Mahto, Phuleshwar Mahto, Gopal Mahto, Mithan Mahto, Dara Mahto brought the injured Gopi Mahto to the hospital for treatment.

(3.) ON the basis of the fardbeyan Jaridih P.S.Case No.26/85, dated 24.4.1985 was registered under Sections 324/307/34 of the I.P.C. subsequently the injured died in course of treatment whereupon Section 302 of the IPC was added. Cognizance was taken and the case committed to Court of Sessions for trial. The appellants/accused pleaded not guilty and claimed to be tried; that 11 witnesses were examined by prosecution whereafter statement under Sections 313 of Cr.P.C. of the appellants were recorded and on the basis of the evidence of record, the learned Additional Sessions Judge, FTC -I convicted and sentenced the appellants by the impugned judgment.