- (1.) THESE three aforesaid appeals arose from the judgment of conviction and order of sentence passed by Sri Radha Mohan Tiwari, Additional Session Judge (F.T.C. -V), Hazaribagh in Sessions Trial No. 167 of 1997 whereby and whereunder the four persons namely Rupial Mahto @ Mehta, Biru Paswan @ Biruwa, Govind @ Goma Mahto @ Mehta and Shambhu Ravidas have been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 200/ - each. They have been further convicted under Section 364/34 of the I.P.C. and sentenced again for life imprisonment.Both the sentences are to run concurrently.
(2.) THE prosecution case was launched on the basis of the fardbeyan of Baldeo Mahto (the deceased) dated 14.7.1996. The prosecution case, in brief, is that the informant was waiting for a train at Koderma Railway Station on 14.7.1996, as he had to go to Bombay. In the meantime, Rupial Mahto, Shambhu Ravidas, Goma Mahto and Biru and one unknown person reached there and all of them caughthold of informant and brought the informant to an already waiting Tata 407 vehicle. They brought the informant to the house of Rupial Mahto at Village -Mahkaul at about 6.30 -7 P.M. Thereafter, they tied his hands and legs and laid him down in the courtyard of Rupial Mahto. Then accused Shambhu Ravidas caughthold of the right hand of the informant and Rupial Mahto inflicted sword blow on his right hand chopping of the right hand completely and blood started oozing out. Goma, Biru and other unknown persons were catching hold of the informant and Shambhu Ravidas and Rupial Mahto inflicted sword blow on both his hands and legs. As a result of which both legs were severely injured. Biru hold the head and thrashed it repeatedly against pucca ground causing injuries in the head. The police, alerted by somebody, rushed to the spot and recorded the fardbeyan of the deceased. He was, thereafter, brought to the Hospital. Informant succumbed to his injury, in course of treatment he died. The cause of incident was that accused Rupial Mahto had wrong suspicion against the informant of stealing his jeep.
(3.) ON the basis of the fardbeyan, formal F.I.R. was lodged. The police after investigation. submitted charge -sheet for the offence under Sections 302, 201/34 and 120B of the I.P.C. against the appellants and one Khemlal Mahto.;