RANCHI, India, May 18 -- Jharkhand High Court issued the following order on April 16:

1. Instant Criminal Appeal is directed against the judgment of conviction and order of sentence dated 17.01.2004 and 21.01.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 4, Hazaribag in Sessions Trial No. 40 of 1997, whereby and whereunder the appellants have been held guilty for the offences under Sections 302/34 and 201 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the I.P.C. and a fine of Rs. 2000/- each with default of stipulation and R.I. for five years for the offence under Section 201 of the I.P.C. alongwith fine of Rs. 1000 each with default stipulation. Both the sentences are directed to run concurrently.

Factual Matrix:-

2. Factual matrix giving rise to this appeal is that on 02.11.1994, one Sangeeta Kumari, daughter of Kirtan Mahto (Appellant no.1) came to the house of the informant Gallu Mahto and called upon informant's son, namely, Chetlal Mahto and went together from his house. It is alleged that the son of the informant, namely, Chetlal Mahto did not return after two days. Then, he started searching but no trace could be found. It is further alleged that on 06.11.1994, while on searching of his son, informant was returning back on the way near CMPDI Camp, meanwhile, Dhaneshwar Ram of Village Bela Belataur informed him that a gunny bag is floating in the well, informant went near that well and brought out the bag from the well and detected that it was the dead body of his son Chetlal Mahto. It is further alleged that the son of the informant was teaching tuition to Sangeeta Kumari and in the course of time both fell into love. Sangeeta Kumari always used to write love letter to the informant's son Chetlal Mahto, due to this reason, Kirtan Mahto (Appellant No. 1) always threatened the parents of Chetlal Mahto that his son will be killed. The informant came to know from several villagers about love affairs between Sangeeta Kumari and Chetlal Mahto and suspected that Kirtan Mahto and his associates have murdered son of the informant and threw the dead body into the well with a view to escape from legal punishment.

3. On the basis of Fardbeyan of informant F.I.R. was registered on against the appellants for the offence under Section 302/201/120B of the I.P.C.

4. After completion of the investigation of the case, charge-sheet was submitted against above named appellants as well as Sangeeta Kumari, Suresh Mahto, Arun Mahto, Anirudh Mahto and three other accused persons were not sent for trial.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=94g2mG%2B4Dkj9qDi7aqGKGSKKeKfy1TwSQ6XUedjfGJ14%2BCoYl3MlCRgJmGHTGGKs&caseno=Cr.A(DB)/241/2004&cCode=1&cino=JHHC010094922004&state_code=7&appFlag=)

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