B. B. Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 30th April, 1992, passed by the 7th Additional Judicial Commissioner, Ranchi in S.T. No. 99 of 1988, whereby, the appellant has been found guilty and convicted for the offences under Sections 148 and 302/149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sections 302/149 I.P.C. No separate sentence has been awarded for the offence under Section 148 of the Indian Penal Code.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Ganesh Mahto, the Sarpanch of Rai Panchayat, recorded on 01.12.1983 at about 8.30 a.m. at Khelari Police Station, wherein he has stated that on the same day, i.e., on 01.12.1983 while he was returning from the Churi Hospital after requesting the Doctor to arrange an ambulance for taking the patient to Ranchi hospital then at about 7.00 a.m. when he was returning to his home and reached near Rama Hotel, he saw Baleshwar Mahto was taking away his cows for grazing and was passing through Rama Hotel lane. There he heard the sound of quarrel between Baleshwar Mahto and five boys of Churi village and then the informant asked them not to fight and went near the place. Two boys who were elder from others were assaulting Baleshwar Mahto with fists. In the meantime, one of the two elder boys, who was younger brother of B.N. Prasad, Foreman of Churi Mine, took out the knife from his pocket and stabbed Baleshwar on his back. At that time, Ram Chandra Ram was assaulting Baleshwar Mahto. The brother of B.N. Prasad fled away after stabbing Baleshwar Mahto. The other three boys were provoking other two boys for assaulting Baleshwar Mahto. At that time, Fagu Mahto, the elder brother and Harkhu Mahto, the father of Baleshwar Mahto reached there. After stabbing, the knife was thrown by Ram Prasad (brother of B.N. Prasad, as he came to know his name later on) at the spot itself which was picked up and kept in the pocket by accused Ram Chandra Ram. Fagu Mahto caught hold accused Ram Chandra Ram from his waist though he tried to get himself free. Harkhu Mahto chased Ram Prasad who had stabbed Baleshwar Mahto but could not catch him. By that time, the neighbours Teju Mahto, Sita Mahto and Bhutku Mahto arrived there. Injured Baleshwar Mahto was given water to drink. Detained accused disclosed his name as Ram Chandra Ram father's name as Ramdas Ram, working as Cleaner in Churi Mines. He also stated the name of his other companions as Ram Prasad, Phulendra Ram, Suresh Mochi and Anjani Kumar Mishra. He stated that they all are student of class-IX of Bachra High School. The informant has further stated that all the accused used to pass through the lane in front of his house so he was recognizing them but was not aware of their names. Two knives were recovered from the pocket of accused Ram Chandra Ram out of which one had blood stains. The injured was taken to hospital on a cot by Fagu Mahto, Sita Mahto, Teju Mahto and Bhutku Mahto but all returned after a while as the injured had died. On the basis of the fardbeyan of the informant, Khelari P.S. Case No. 81 of 1983, corresponding to G.R. No.3219 of 1983, was instituted for the offences under Sections 302/34 of the Indian Penal Code, against five named accused persons, and investigation was taken up. After investigation, the police submitted charge-sheet in the case. It appears that out of five accused persons, four accused persons were found juvenile by the trial court and as such, their case were split up and sent to the Juvenile Justice Board for trial.;