- (1.) Bahadur Mahto, Dhaneshwar Mahto and Lochan Mahto faced trial for the charge of Section 302/34 IPC for allegedly causing death of Phulu Mahto on 25th March, 1999 at about 5.00 pm in village Murupiri and stand convicted for the said charge, vide impugned judgment dated 30th June, 2003 of learned Additional Judicial Commissioner IX, Ranchi. They have been sentenced to undergo rigorous imprisonment for life. Aggrieved of the said judgment, Dhaneshwar Mahto and Lochan Mahto had filed Cr.Appeal No.921/2003 and their co-convict, Bahadur Mahto, Cr.Appeal No.991/2003. We thus take up both the appeals together for their final consideration.
(2.) It needs to be mentioned here that one Nirmal Mahto, who is also shown to be an accused, could not be nabbed by the police, as such did not face the trial. Bahadur Mahto has already served his entire substantive sentence and released from jail on 27th June, 2014, as stated by Mr.Choudhary, learned APP. Appellants Dhaneshwar Mahto and Lochan Mahto were granted bail during the pendency of the instant appeal as their substantive sentence was suspended by this Court. They are represented by Mr.Ajit Kumar, Advocate and Mr.R.P.Gupta, Advocate, appears for convict Bahadur Mahto since released from jail (hereinafter all the three appellants to be referred to as accused only).
(3.) Mr.Gupta appearing for accused Bahadur Mahto submits that although he has been released from jail after serving his entire substantive sentence but the case of the prosecution qua him is not proved to the hilt. He submitted that but for evidence of P.W.5 Bhukhli Devi, mother-in-law of the deceased, who claims her to be an eye-witness to the occurrence, no other prosecution witness proves the charge against him or for that matter against the remaining two accused namely Dhaneshwar Mahto and Lochan Mahto.;