- (1.) Heard learned Amicus Curiae Mrs. Rashmi Kumar representing the appellant and Mr. Shekhar Sinha, learned Additional Public Prosecutor representing the State.
(2.) The sole convict who has faced conviction under Section 302 of the I.P.C and is undergoing sentence of R.I. for life with fine of Rs.5000/-, in default whereof, to undergo further R.I. for 10 months under the impugned judgment dated 27.01.2011 and the order of sentence dated 29.01.2011 passed in S.T. No. 87 of 2009 by the learned Court of Additional Sessions Judge, F.T.C.-II, Seraikella, is in appeal before us.
(3.) The investigation was set into motion upon institution of the formal FIR being Chandil P.S. Case No. 145 of 2009 registered on 30.06.2009 at 10.00 a.m. on the basis of fardbeyan of the Informant Kusha Mahto (P.W.7), husband of one of the deceased Tilka Mahatani and nephew of other deceased Kamal Mahto recorded at 6.40 a.m. on 30.06.2009 at his house at Bandhu Gora village by the Sub Inspector of Police Lal Muni Ram, Officer-In-Charge of Kapali Police Station, Chandil, District Seraikella. The gist of the occurrence is as under: The informant alleged that at 6.00 a.m. on 30.06.2009, Tuesday, he along with his cousin brother Binod Mahato had gone to relieve themselves in the field and his uncle Kamal Mahto had come back after relieving himself and was sitting in the cot in front of the door. When both the informant and his cousin Binod Mahto returned from the field, they saw Kamal Mahto lying dead on the cot with serious injuries on left temple, head and mandible apparently caused by thick iron rod. On seeing this, informant's cousin Binod Mahato told that it appears that Papua had killed his father and there after both of them started searching for his wife. When they entered kitchen, which had tiled roof, informant saw his wife lying dead and lot of blood splattered around. Right side of her face and mandible had also injuries caused by thick iron rod. They came out of the kitchen and conveyed the information to the Police. Nearby neighbours and few women told them that Paritosh Mahto alias Papua, son of Binod Mahato had killed his aged grandfather by assaulting him with iron rod. When the informant's wife tried to save him, she was also chased and followed to the kitchen where Papua assaulted her with the iron rod and killed her. When the nearby women and children went to see, they were also chased by him with iron rod. On information, police had immediately reached the place of occurrence and nearby neighbour had also assembled. The informant alleged the reason for the occurrence that Paritosh Mahto alias Papua who was Matric pass wanted to lead a hi-fi life and used to demand money from his father, mother and grandfather by pressurizing them to sell off their landed property so that he could go for higher studies, which the family members could not fulfill and was the reason for frequent threat. He used to share his views regarding his hi-fi life and studying outside with the members of the locality. On these assertions informant alleged that his wife Tilka Mahatani and his uncle Kamal Mahto have been killed by his nephew Paritosh Mahto alias Papua, son of Binod Mahato of village Bandhugora , Kapali P.S, Chandil, District Seraikella-Kharsawan on account of grudge that they could not bear his expenses for leading a hi-fi life and for studies, by iron rod.;