S.J.MUKHOPADHAYA,J. - (1.) This acquittal appeal under section 378 (1)(5) of Cr. P.C. has been preferred by the State of Jharkhand against the judgment and order dated 20th September, 2002 passed by the learned Special Judge, S.C. and S.T. (POA) Act, Palamau at Daltonganj in S.C. and S.T. No. 2/2001, whereby the trial court has acquitted the Respondents from the charges under section 302/34; 201/34 IPC. and section 4(5) of the S.C. and S.T. Prevention of Atrocities Act, 1989.
(2.) THE case of the prosecution, as per written report dated 8th May, 1998 of the Informant Subeshwar Manjhi, a Truck Driver in A.K.T. Company, Khalari Colliery is that he informed his father to come to his house to receive money for house expenses, but he did not turn up. The Informant himself went to his father's house on 6th April, 1998, there, he learnt from people that his father while returning with his mother at about 12 Noon on 5th April, 1998 and reached near the Gan Pahra Ahar, the three accused persons (Respondents herein) came there and killed his father by throttling him with Lathi and they also burnt his dead body in collusion with Choukidar and the villagers. The accused spread rumour that due to thrust and non -availability of water, his father died. It was further alleged that the body was burnt in spite of protest by the mother of the Informant i.e. wife of the deceased. The reason for murder was stated to be illicit relationship of widow cousin -Sister -in -Law (Bhabhi) of the deceased, namely, Dhanauti Kunwar who had illicit relationship with accused Ajay Dubey due to which she became pregnant and had to go for abortion. It was further stated that due to illicit relationship, four days prior to the incident, the deceased met the father of the accused Ajay Dubey and complained. At that time, Ajay Dubey had threatened the deceased with dire consequences. It was further stated that the accused persons were threatening the Informant and his family members for not reporting the matter to the police or otherwise, their houses will be burnt and they will be killed. The prosecution examined altogether five witnesses in support of their case, namely, Kalasiya Devi @ Kailashpati Devi (P.W.1), daughter -in -law of the deceased; Nandu Paswan (P.W.2), son of the deceased; Lachhuman Manjhi (P.W.3), another son of the deceased; Meena Devi (P.W.4), another daughter -in -law of the deceased, and Foolkali Kunwar (P.W. 5), wife of the deceased.
(3.) THE genesis of the case is the illicit relationship of accused Ajay Dubey with Dhanauti Kunwar, cousin sister -in -law.(Bhabi) of the deceased.;