RANCHI, India, Oct. 16 -- Jharkhand High Court issued the following order on Sept. 15:

1. Heard Mr. Sankalp Goswami, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P. for the State.

2. The instant criminal appeal is directed against the judgment of conviction and order of sentence dated 10.12.2002 passed by learned Additional District & Sessions Judge, F.T.C.-II, Bermo at Tenughat, District - Bokaro in S.T. No. 175/90 / 141/02, whereby and whereunder, the appellant has been held guilty and convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo R.I. for life.

FACTUAL MATRIX

3. The factual matrix giving rise to this appeal is that on the basis of fardbeyan of one Tulsi Mahato (P.W.-6) recorded by A.S.I. B.Tanti Sector-IV P.S. at Bokaro General Hospital on 05.03.1990 at 11:30 AM, Jaridih P.S. Case No. 18 of 1990 corresponding to G.R. No. 145 of 1990 was registered for the offence under Section 324, 307/34 of I.P.C. and under Sections 302 / 34 of the I.P.C., which was added vide order dated 20.03.1990. It is alleged that on 04.03.1990 at about 4:30 P.M., the informant along with his father Jyoti Mahato (since deceased) and uncle Girdhari Mahato were talking in their courtyard. The uncle of the informant was asking for a sambal to fix a peg, which was denied, on this informant's uncle's son Gopi Mahto and son-in-law Kharu Mahto also arrived there. Gopi was armed with tangi and aim to assault to father of the informant by tangi on neck, which was warded off by his father by turning his head, but it causes injury on forehead and raptured the same, due to said injury, the father of the informant fell down and became unconscious. The informant has further alleged that when his father fell down after sustaining injuries, then the accused persons also chased to assault him, but he was saved by Gyan Mahto (PW-7) and Kalipad Mahto (P.W.-8), but the accused persons did not obey the witnesses and assaulted to his father by tangi. When the informant was chased for assaulting him by tangi then he fled away with the assistance of Gyan Mahto (P.W.-7). It is alleged that during course of treatment at Bokaro General Hospital, injured father of the informant died.

4. After completion of investigation, charge sheet was submitted against Girdhari Mahto and Gopi Mahto (appellant), who denied the charges and claimed to be tried.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHn6ItyzvAVbyyCocyoT2wnX9UUeruUKsWVDLAp1vqHU84&caseno=Cr.A(DB)/897/2002&cCode=1&cino=JHHC010005962002&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.