LAKSHMAN URAON, J. - (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. The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of the informant Triveni Mahto (PW 11), recorded by the S.I. Ramji Prasad of Meral Police Station on 16.10.1999 at 23.30 hours at village -Purwara, Tola -Meral. The informant (PW 11) is not the eye witness of the alleged occurrence. On 16.10.1999 at about 11.00 p.m. he was going to sleep at night. He heard alarm coming from Durga Mandap. He came out and on enquiry, he came to know that his son Ram Chandra Mahto and nephew Bhuneshwar Mahto as also Ram Nath Mahto were abducted by the extremists, who were in uniforms. He rushed to Durga Mandap where he was informed that 15 to 20 extremists in police uniforms, armed with rifles, surrounded the house of Bhola Mahto near Durga Mandap where his son Ram Chandra Mahto and nephew Bhuneshwar Mahto were playing cards along with others. The extremists inquired about their names on which his son and nephew disclosed their fake names. The appellant Umesh Mahto (Cr. Appeal No. 1047 of 2003) disclosed their real names, informing the extremists. The extremists having been disclosed the real names of Ram Chandra Mahto and Bhuneshwar Mahto by appellant Umesh Mahto, caught both of them, informing them that their days are complete. Thereafter, the extremists went to the house of Ram Nath Mahto and asked to open the door on the plea that some materials to perform Durga Pura is sought. When Ram Nath Mahto came out of the door, he was caught hold by the extremists. Sobran Mahto, son of Ram Nath Mahto, informed the informant that amongst the extremists he identified the villagers Bijay Mahto, Sanjay Mahto (both appellants in Cr. Appeal No. 995 of 2003), who were armed with rifles and saw them taking away Ram Nath Mahto. Out of fear, the villagers did not chase the extremists, who went towards east of the village. The informant heard the sound of firing. After some time of firing, Meral Police went to the place of occurrence and chased the extremists. The dead body of Ram Nath Mahto was found on the village road, having fire arm injury on his head, in a pool of blood. There was fired empty wades of rifles. When further proceeded ahead, at village Akalbani near Temple on the road, leading towards village - Kumbhi, near a mango tree, the dead bodies of Ram Chandra Mahto, son of the informant, and Bhuneshwar Mahto, nephew of the informant, were found in a pool of blood, having injuries of fire arms. There also fired empty wades of rifles and one pumplet were found. In the pumplet the extremists have alleged that the deceased were torturing the villagers with the help of the police and the responsibility to cause three murders were taken by the People 'sWar Group under the banner of C.P.I. (ML). The alleged occurrence took place only due to dispute of landed properties in between the deceased and Harkhan Mahto. Rabindra Mahto son of Harkhan Mahto has joined the extremist party, a banned organisation, who was in custody at that time. He had tried once to abduct Ram Chandra Mahto and Ram Nath Mahto to commit their murder but they managed to escape. One month prior to the alleged occurrence, Bijay Mahto, appellant in Cr. Appeal No. 995 of 2003 and Nanhku Mahto had picked up quarrel with Ram Chandra Mahto (deceased). Since then Bijay Mahto, his father Baijnath alias Nanhku Mahto and Harkhan Mahto were threatening to cause their murder. Ten days prior to the alleged occurrence, Bijay Mahto with the help of Uday Sao son of Harkhu Mahto had published pumplet in his printing machine, alleging against Ram Chandra Mahto. The villager Ganga Mahto had informed 5/6 days prior to the alleged occurrence that Bijay, Sanjay (both appellants in Cr. Appeal No. 995 of 2003), Umesh and Subhash (both) appellants in Cr. Appeal No. 1047 of 2003) with the help of Harkhan Mahto, Harkhu Mahto, Baijnath alias Nanhku Mahto and the notorious extremists Loha Singh had planned to eliminate Ram Chandra Mahto, Bhuneshwar Mahto and Ram Nath Mahto with the help of these appellants. Loha Singh is the maternal uncle of appellant Bijay Mahto. The informant did not pay any heed to this information, given by Ganga Mahto to him. On the basis of the fardbeyan (Ext. 3) Meral P.S. Case No. 97 of 1999 was registered on 17.10.1999 at 7.30 a.m. whereas the information was received in the police station on 16.10.1999 at 23.15 hours regarding an occurrence, alleged to have taken place on 16.10.1999 at 23.00 hours. The First Information Report was received in the Court of learned Chief Judicial Magistrate on 18.10.1999. After investigation, charge sheet was submitted against these appellants along with four others, namely Baijnaith Mahto alias Nanhku Mahto, Harakhan Mahto, Uday Sao and Harkhu Mahto, who were acquitted by the learned 4th Additional Sessions Judge, Fast Track Court, Garhwa, after considering the evidence of 12 prosecution witnesses, examined on behalf of the prosecution and five defence witnesses, examined on behalf of accused and convicts.
(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.;