- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.05.2004/ 31.05.2004 passed by learned 6th Addl. Sessions Judge [FTC], Palamau at Daltonganj in Sessions Trial No.304 of 1995 whereby and whereunder the apellants having been found guilty for committing murder of the deceased, Gokul Mahto were convicted for the offence punishable under Sections 302 /34 of the Indian Penal Code and were sentenced to undergo imprisonment for life.
(2.) THE case of the prosecution is that on 06.09.1993, the deceased - Gokul Mahto, husband of the informant - Banho Devi left home for coming to field for ploughing it. At 2' O clock when the informant Banho Devi [P.W.1] by taking meal for her husband reached near the place of occurrence, she heard her husband crying for help. She saw that these three appellants as well as one Modi Mahto were assaulting him with tangi and garasa. Her husband fell on the ground and thereupon the accused persons cut the neck. After seeing all this, she by raising alarm rushed back to village.
(3.) IN the way, she came across with Jodhi Mahto, elder -brother of her husband to whom she told about the occurrence. Thereafter she came to village where she told the same to other persons. After some time, she along with others came to the place of occurrence and found her husband dead.At about 10.30 p.m., on 06.09.1993 when the Police came to village, she gave her fardbeyan [Exhibit -4] to the effect as stated above and also stated about the motive that since the father of the appellant, Manohar Yadav, had died the accused persons -appellants were suspecting that due to witchcraft played by the deceased, his father died and for that they had also earlier assaulted the deceased. The Police on the said allegation lodged the First Information Report being Lesliganj P.S. Case No.82 of 1993 [G.R. No.1258 of 1993].;