RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Heard Mr. Shashank Shekhar, learned amicus curiae and Mr. Subodh Kr. Dubey, learned APP.

2. This appeal is directed against the judgment of conviction and the order of sentence dated 10.08.1998 passed by Shri Birendra Singh, learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No. 291 of 1983, whereby and whereunder, the appellant has been convicted for the offence under section 302 of the Indian Penal Code and has been sentenced to RI for life.

3. The prosecution case arises out of the fardbeyan of Biseshwar Mahto recorded on 27.07.1979 in which it has been stated that on 26.07.1979 at 06:30 p.m. the informant was coming on a bicycle and about 10 to 15 steps behind him his uncle Dhaniram Mahto was also coming and as soon as he reached Godma Peepal Bandh Road the accused persons variously armed had come from behind the bushes. All the accused persons were variously armed. It has been alleged that when the uncle of the informant reached near the bushes the accused persons attacked him. The uncle of the informant tried to escape but he fell down at which Khudi Pahan, Hare Krishna Mahto and Chaitan Dom cut his neck. The other accused persons had pressed him to the ground. When the informant raised an alarm Jainath Mahto, Radha Mahto and Durga had come. The accused persons after committing the assault had fled away. The uncle of the informant died on account of the assault.

Based on the aforesaid allegation, Sonahatu PS Case No. 8 of 1979 was instituted under sections 148, 149 and 302 of the Indian Penal Code. On completion of investigation charge-sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 291 of 1983. Charge was framed against the accused/ appellant under section 302 and 148 of the Indian Penal Code which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight witnesses in support of its case.

5. PW-1 Jainath Mahto and PW-2 Radharam Mahto did not support the case of the prosecution and were declared hostile by the prosecution.

6. PW-3 Dr. R.S. Prasad was posted as a Professor and Head of the Department of Forensic Medicines, RMCH, Ranchi and on 27.07.1979 he had conducted autopsy on the dead body of Dhani Ram Mahto and had found the following:

"Incised wound:-

(1)5x1x1 cm on the front left shoulder part directed down and laterally.

(2)8x1x1 cm little left to the previous wound.

(3)3x2x2 cm just above the right collar bone.

(4)8x2x2 cm on the left half of the head directed forwarded cutting the bone and brain matter.

(5)3x1x1 cm on the left extreme/forehead.

(6)4x1x1 cm on the rigor occipital region directed downwards. The inner margin was under cut.

(7)5x2x2 cm on the inner side of right palm. (8)6 x 1/4 x 1/4 cm on the right outer side of right arm.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2B0CHco3SgG9uBlFsKF7soTCjdZpF9hFmbkiyxvFnisaurHvOFrk4mczJtTsGfjqv&caseno=Cr.A(DB)/240/1998&cCode=1&cino=JHHC010072311998&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.