Y. K. Sabharwal, J. - (1.)The murder of deceased Ramanand Mahto was committed in a ghastly manner. The head of the deceased was severed from the trunk. 13 persons were charged for the offence including the appellants who were six in number. One out of 13- Shyam Narain Mahto @ Nanhki Mahto was acquitted by the Sessions Court. Three of them - Rishi Mahto, Asmani Mahto and Anand Lal Mahto were acquitted by the High Court.
(2.)The Special leave petitions filed by the three of accused-Lachhu Gaderi, Ramchandra Gaderi and Subhash Mahto challenging the judgment of the High Court confirming that of the Sessions Court were dismissed and, thus, their conviction and sentence has been finally maintained.
(3.)The prosecution case, in brief, is that the deceased was riding a scooter and Ram Briksha Mahto (PW-2) and informant Suresh Kumar (PW-5) were sitting on the back of the scooter. Suresh Kumar was returning home after purchasing medicines when on the way deceased, who was riding a scooter on which Ram Briksha Mahto was sitting at the back, saw him and stopped the scooter and gave lift to him. The time was between 10.30 p.m. to 10.45 p.m. When they reached in front of tea stall of Lalan Mahto situated at Begampur Mandai Mohalla, one person who was sitting on a thella (handcart) blocked the road with it the moment the scooter reached near the said tea stall. All of a sudden, 10 to 15 persons came and pulled the deceased from the scooter. Lachhu Gaderi with Dab and Ramchandra Gaderi with Bhujali started assaulting the deceased. Dab and Bhujali are sharp edged weapons. The accused thrashed the deceased on the ground and his head was severed from the trunk by Ramchandra Gaderi and Lachhu Gaderi with their weapons while others were catching hold of the deceased. The trunk of the deceased was dragged towards the north. Santosh Kumar (PW-1), son of the deceased reached the place of occurrence on the alarm being raised by Suresh Kumar and Ram Briksha Mahto. All this happened on account of litigation concerning land that was going on between the deceased and Lachhu Gaderi and others.