All the four accused felt aggrieved and filed an appeal before the High Court.
Four persons, namely, Madan Mohan Mahto, Jagmohan Mahto, Charka Mahto and Bihari Mahto were prosecuted and eventually companyvicted for companymission of offence of murder of one Jitu Mahto under Section 302 read with Section 34 of the Indian Penal Code, 1860 hereinafter referred to as IPC by the Sessions Judge and were accordingly awarded life sentence.
The FIR was lodged on 20.11.1985 in the early morning 6 a.m. by Kuila Mahto informant narrating therein the incident, as mentioned above, naming four accused including the manner in which they companymitted the murder of Jitu Mahto.
Heard learned companynsel for the parties.
At that time, four abovenamed accused armed with Tangi, Pharsa and Gun arrived at in the field.
During pendency of the appeals, two accused, namely, Charka Mahto and Bihari Mahto died, therefore, two appeals, namely, Criminal Appeal Nos.
The prosecution examined as many as six witnesses.
This led to investigation by the police sleuths, who recorded the statements of the witnesses, obtained the post mortem report, companylected the evidence and apprehended the accused persons.
However, Jitu Mahto companyld number flee and was surrounded by the said four accused.
The statements of accused persons were recorded under Section 313 of the Code of Criminal Procedure, 1973.
332/2011 filed by accused Jagmohan Mahto.
Accused, Madan Mohan Mahto, was having a gun and he fired three gunshots, which resulted in three persons fleeing away from their field.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals.
By judgment order dated 05.07.2001, the Sessions Judge companyvicted all the four accused persons for companymission of the offence of murder of Jitu Mahto and sentenced them for life imprisonment under Section 302 read with Section 34 IPC.
By impugned order, the High Court dismissed the appeal and upheld the order of the Trial Court, which has given rise to filing of the four criminal appeals by four accused in this Court.
In short, the case of the prosecution against the appellants is as under On 19.11.1985 at around 12 numbern, Kuila Mahto informant , Jitu Mahto deceased , Butru Mahto and Jagran Mahto s o Butru Mahto were harvesting paddy in their field.
In an appeal filed by all the four accused, the High Court, by impugned order, dismissed the appeal and companyfirmed the companyviction and sentence of all the four accused.
122/2010 and 1298/2010 were dismissed as having abated by order dated 01.02.2019.
We are number companycerned with the remaining two criminal appeals, i.e., Criminal Appeal No.
These two witnesses were the eyewitnesses to the incident.
The accused persons and these two witnesses knew each other very well.
379/2010 filed by accused Madan Mohan Mahto and Criminal Appeal No.
Accused, Jagmohan Mahto, was having a Tangi and he, with the use of Tangi, cut Jitu Mahtos right palm and accusedBihari Mahto and Chrka Mahto hit Jitu Mahto with the stone on his head resulting the death Jitu Mahto on the spot.
The charge sheet was filed and the case was companymitted to the Sessions Court for trial.
The doctor PW3 , who performed the post mortem, companyfirmed that the weapon used by the accused persons companyld cause the injuries and also companyfirmed the areas where the injuries were caused.
Both these witnesses, in categorical terms, maintained their version in their respective statements that the appellantMadan Mohan Mahto fired the gunshot and the appellant Jagmohan Mahto hit with a Tangi on the right palm of Jitu Mahto and other two accused, namely, Bihari Mahto and Charka Mahto, who are number dead, hit on head of Jitu Mahto with stone.
Despite this, we felt that since the leave has been granted to the appellants to file these appeals, it is just and proper to peruse the evidence and, particularly, the evidence of Jagran Mahto PW1 and Kuila Mahto PW2 .
The accused denied their involvement in the alleged crime.
Abhay Manohar Sapre, J. These appeals are filed against the final judgment and order dated 03.02.2009 of the High Court of Jharkhand at Ranchi in Criminal Appeal No.270 of 2001 whereby the High Court dismissed the appeal filed by the appellants herein and affirmed the order dated 05.07.2001 of the Trial Court in Sessions Trial No.310 of 1993.
