MUKUND MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant, Mukund Mahto, (hereinafter to be referred to as 'accused') has preferred the instant appeal through Jharkhand State Legal Services Authority. He is stated to be in custody for the last 15 years 7 months and few odd days, therefore, preference has been given to the instant appeal over and above other appeals despite the fact that it was filed only in the year 2014, that too with huge delay of 3629 days and condoned by the Court, vide order dated 9th March, 2015.

(2.) One Guhiram Mahto, son of Jawahar Lal Mahto (first informant) is the deceased in this case. The occurrence is of 24th January, 2000 at about 12.00 noon in Village Singhpur, Tola Gaureya Kudar, falling within the jurisdiction of P.S Kashmar (District Bokaro).The information report (fardbeyan) with regard to the present occurrence was lodged on the same day i.e. on 24.01.2000 about 2.00 P.M. within two hours of the occurrence.The distance between the place of occurrence and the police station (P.S. Kashmar) is 14 kms. On the basis of the said report, Kashmar P.S. Case No.3/2000 under section 302 I.P.C came to be registered. PW Jawahar Lal Mahto alleges that on 24.01.2000, his son Guhiram Mahto (deceased) was doing the wall writing and administering Pulse Polio drops for the 4th stage of Pulse Polio Campaign at the instance of PW Mahendra Prasad Singh, who is also known in the village as Dresser. At about 12 O'Clock, when the deceased was doing the wall writing on the wall of Jogi Dome and Bhagtu Dome, the accused, who was armed with a Farsa (sharp edged weapon) and in village, commonly known as 'Tabla', assaulted the deceased on his neck, back and waist, resultantly he died at the spot. He further stated that Kishun Ram Mahto, Santosh Kalindi, Lal Mohan Mahto, Beni Mahto had seen the occurrence and also made an attempt to catch hold of the accused with the help of other villagers, who had also assembled there immediately after the occurrence, but the accused managed to escape after throwing the blood-stained Farsa. He had seen the accused fleeing away. The motive as alleged in the first information report is of some old enmity with the accused, whereas PW Purni Devi, mother of the deceased, when stepped into the witness box, stated that the accused was having an impression that the deceased was carrying on with his wife.

(3.) PW Dr. Ratneshwar Prasad Verma, who conducted autopsy on the dead body of the deceased, has proved the postmortem report as Ext.4/I and the inquest report of the deceased was proved by PW Jagdish Chandra Mahto as Ext.5. Investigating Officer, however, has not stepped into witness box.