- (1.) PRESENT criminal appeal is directed against the judgment of conviction under Section 302 of the Indian Penal Code, passed by 1st Additional Sessions Judge, Giridih in Sessions Trial No. 436 of 1993, whereby and whereunder, sole appellant Rameshwar Mahto was sentenced to undergo imprisonment for life.
(2.) PROSECUTION was launched on the statement of the informant P.W. -5 Narain Mahto (informant) before the officer -in -charge of Tisri Police Station on 24.2.1993 at about 6:00 p.m. stating, inter alia, that his brother Dwarika Mahto(since deceased) had lent Rs. 1200/ - to the accused Arjun Mahto (absconder) and to realize the same his brother Dwarika Mahto demanded his money from Arjun Mahto near the grainery of one Dilo Mahto where altercation took place and it was alleged that Arjun Mahto / and Rameshwar Mahto(appellant) went to their house and carried a stick and a Farsa respectively, Beth shifted assaulting Dwarika Mahto at the khalihan (grainery) of Dilo Mahta, The informant Narain Mahto, observing the occurrence from some distance, rushed there and simultaneously his father Janki Mahto(since deceased) also arrived there. He further alleged that Arjun Mahto assaulted his brother Dwarika Mahto and father Janki Mahto with sticks. He narrated that Arjun Mahto dealt stick blow on the head of his father Janki Mahto. His brother Dwarika Mahto and father Janki Mahto fell down sustaining injuries and became unconscious. The witnesses arrived at the place of occurrence on alarm raised by the Informant Narain Mahto and his father Janki Mahto while was being carried for his treatment to Giridih, he succumbed the injuries. His brother Dwarika Mahto was brought by the villagers to the Giridih Hospital for treatment as he had also sustained bleeding injuries. On death of his father, the informant Narain Mahto took the dead body of his father Janki Mahto to the Tisri Police Station. It was more clarified in his statement that his brother Dwarika Mahto was assaulted by Arjun Mahto with stick whereas Rameshwar Mahto (appellant) inflicted blow with Farsa on the left knee. His father Janki Mahto was assaulted to death by Arjun Mahto (absconder) with stick. The informant Narain Mahto also sustained injuries inflicted by stick at the hands of Arjun Mahto. Tisri P.S. Case No. 9 of 1993 was registered on 24.2.1993 for the offence under Sections 323/307/302/34 of the Indian Penal Code against the Rameshwar Mahto (appellant) and Arjun Mahto. Dwarika Mahto was referred during his treatment from Giridih Hospital to Patliputra Medical College Hospital, Dhanbad where he succumbed. Investigating Officer visited the place of occurrence,, collected blood stained earth, Farsa, and piece of wood and prepared seizure list. He obtained injury report of Narain Mahto and post mortem report of Janki Mahto. He further collected injury report, inquest report and postmortem report of Dwarika Mahto and submitted charge -sheet against both the accused Arjun Mahto and Rameshwar Mahto for the offence under Sections 323/307/302/34of the Indian Penal Code but the charge was framed against both the accused only under Sections 302/307 of the Indian Penal Code, In course of trial the accused Arjun Mahto jumped the bail and could not be arrested in spite of processes issued against him and his record was split up by the order dated 28.7.2000. Altogether ten witnesses were produced and examined on behalf of the prosecution. Besides, the prosecution proved the following exhibits: Ext.1 - Seizure list. Ext.1/a - Signature of Babulal Yadav on seizure list. Ext.1/b - Signature of Munshi Yadav on seizure list. Ext.2 - Signature of Kedar Mahto on inquest report. Ext.2/a - Signature of Jago Mahto on inquest report. Ext.3 - Signature of the informant on the Fardbayan. Ext.4 - Fardbayan of Narain Mahto Ext.5 - Formal F.I.R. Ext.6 - Inquest report of Janki Mahto Ext.7 - Requisition for medical examination. Ext.8 - Inquest report of Dwarika Mahto. Ext.9 - Fardbayan recorded at Saraidhela P.S., Dhanbad Ext.10 - Post Mortem Report of Janki Mahto. Ext.11 - Post Mortem Report of Dwarika Mahto.
(3.) P .W. -l Babulal Prasad Yadav, P.W. -6 Munshi Prasad Yadav and P.W. -5 Narain Mahto (informant) were produced on behalf of the prosecution as eye witnesses of the occurrence. P.W. -2 Chhotu Yadav was unfavourable to the prosecution. P.W. -3 Kedar Yadav and P.W. -4 Jago Mahto were the inquest witnesses. P.W. -7 Anjani Kumar Tiwari had investigated the case. P.VV. -8 Dr. Bhupendra Prasad Singh had held autopsy of Janki Mahto whereas post mortem of Dwarika Mahto was conducted by P.W. -9 Dr. Shalendra Kumar. P.W. -10 Guru Sahay Mahto was produced as hearsay witness.;