Mojal Mahto vs The State Of Bihar (Now Jharkhand)
2025 Latest Caselaw 1709 Jhar

Jharkhand High Court

Mojal Mahto vs The State Of Bihar (Now Jharkhand) on 14 January, 2025

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

                              Criminal Appeal (DB) No. 253 of 1999(R)

                         Against the judgment and order of conviction and sentence dated
                  27.05.1999 (sentence passed on 01.06.1999) passed by Shri Birendra
                  Singh, learned 1st Additional Judicial Commissioner, Khunti in
                  Sessions Trial No. 380 of 1994

                  Mojal Mahto                                           ...   Appellant
                                           Versus
                  The State of Bihar (now Jharkhand)        ...    Respondent
                                                 ----

PRESENT HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI

For the Appellant : Mr. Ajay Kumar Pathak, Advocate For the Respondent (State) : Mrs. Priya Shrestha, Spl.PP Mr. Satish Prasad, A.P.P.

CAV on 03.01.2025 Delivered on 14.01.2025

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Rongon Mukhopadhyay, J. : 1. Heard Mr. Ajay Kumar Pathak, learned counsel appearing for the appellant and Mrs. Priya Shrestha, learned Spl.PP

2. This appeal is directed against the judgment and order of conviction and sentence dated 27.05.1999 (sentence passed on 01.06.1999) passed by Shri Birendra Singh, learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No. 380 of 1994, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Karam Swansi (P.W.

2), recorded on 18.12.1993 wherein it has been stated that on 17.12.1993, the informant had gone to Kandeburu market in the afternoon and in the evening he was returning to Burudih and his brother Dharma Swansi who had gone for harvesting paddy crops was also returning home. It has been alleged that at 6 p.m. when he reached Jojodadi, the accused persons variously armed came running towards his brother and Mojal Mahto (appellant) with a Tabla had cut the neck of the brother of the informant. When the brother of the informant fell down, the informant had raised a cry of alarm at which several villagers had assembled and with their assistance the informant had taken his brother home where he died. The accused persons had fled away from the

1|Page place of occurrence. It has been alleged that the incident was a fall out of the animosity existing between the villagers of Burusibu and Burudih with respect of sharing of water of Dharakocha stream for the purposes of irrigation.

Based on the aforesaid allegations, Tamar P.S. Case No. 50/1993 was instituted for the offence punishable u/s 302 of the I.P.C. On completion of the 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. 380 of 1994. Charge was framed against the accused persons for the offence punishable u/s 302 of the I.P.C. which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried. It may be mentioned herein that the other two accused persons have been acquitted by the learned trial court.

4. The prosecution has examined as many as twelve (12) witnesses in support of its case.

P.W. 1 Bhimsen Manjhi has proved the inquest report which has been marked as Ext. 1.

P.W. 2 Karam Swansi is the informant who has stated that on 17.12.1993, he had gone to Kandeburu market and his brother Dharam Swansi had gone to the house of Joseph Mukhiya for working as a labour. In the evening, his brother was returning home and he was also following his brother and as soon as they reached near Jojodadi, he saw Mojal, Manbodh and Jage Mahto come out from behind a Semel tree and all the accused were variously armed. He has stated that Mojal Mahto with a Tabla had cut the neck of his brother from behind. When he raised an alarm, the villagers who were returning from the village came rushing and by that time, the accused persons had fled away. He with the assistance of the villagers had brought his brother home where at about 8-9 p.m., his brother died. There was an animosity existing between his brother and the accused over sharing of water of Dharakocha stream.

2|Page In cross examination he has deposed that when he had raised an alarm several persons had assembled, but he remembers the name of Surinder Puran as one of the persons who had come.

P.W. 3 Dr Niranjan Minj was posted at RMCH in the Department of Forensic Medicine and on 18.12.1993 he had conducted autopsy on the dead body of Dharam Swansi and had found the following injuries:

Abrasion

(i) 3 x 2 cm on right side of the forehead.

(ii) 2x1 cm on right eye brow lateral side.

Incised wound

1. 8 x 2 cm x bone deep on the left occipital region of the head starting from the left mastoid running across the left occipital region cutting the under by of scalp completely and the bones partially, there was presence of subdural blood and blood clots over both hemispheres of the brain.

(i) This incised wound could be caused by Farsa and was sufficient to cause death in ordinary course of nature

(ii) All the injuries were ante mortem.

(iii) Abrasions were caused by hard and blunt substance and the incised wound by heavy sharp cutting weapon may be Farsa. Time since death 6 to 18 hours from the time of P.M. examination. This P.M. report is in my pen and it bears my signature. Marked it Ext., -2.

It was opined that the incised would could be caused by Farsa and was sufficient to cause death in ordinary course of nature.

P.W. 4 Suren Puran has stated that he had gone to the house of Joseph Munda on 17.12.1993 to work as a labour in the field of Joseph Munda. He and the others after doing their work were returning home when he heard a cry of alarm from Karam Swansi near the Jojodadi stream at which he, Dhaneshwar, Bhuneshwar, Ghasia Mahto and Somra Swansi had rushed towards the stream where they found Dharam Swansi lying on the ground with a cut injury on his neck. Karam Swansi had disclosed that behind a Semel tree, Mojal Mahto, Jage Mahto and Manbodh Mahto were hiding with arms and Mojan Mahto with a Tabla had cut the neck of Dharam Swansi from the back. They had brought a cot and had taken Dharam Swansi to his house

3|Page where he died. Dharam was a nice person and he did not have any dispute with anyone in the village. He has proved the seizure list of blood stained earth which has been marked as Ext. 3.

In cross examination he has deposed that it is incorrect to state that he had not heard the cry of alarm.

P.W. 5 Dhaneshwar Puran has stated that on 17.12.1993 at 6 p.m. he and the others were returning from Kandeburu market and when they reached Jojodadi stream, they heard a sound of distress from Karam Swansi and when they rushed to the source of alarm they found Dharam Swansi lying on the ground with injury on his neck. Karam Swansi had disclosed that Mojal Mahto had committed the assault upon his brother on the neck with a Tabla. The persons who had rushed to the place of occurrence along with were Suren Puran, Bhuneshwar Puran, Chetan, Jaisingh Puran, Ghasia Mahto and Somra Swansi. Dharam Swansi was brought home on a cot where he died after sometime. Dharam Swansi was a good person who did not have any animosity with anyone.

In cross examination he has deposed that he heard the sound of alarm of Karam Swansi from his house. When he had reached the stream, he found Karam who had disclosed about the incident to him and the others who were present. There is a long standing dispute between the villagers of his village and the villagers of Burusibu over sharing of water of the stream.

P.W. 6 Ghasia Mahto did not support the case of the prosecution and was declared hostile by the prosecution.

P.W. 7 Mukhiya Puran has stated that on 17.12.1993 he had returned home from Kandeburu market when he heard the cry of alarm of Karam Swansi to the effect that his brother is being murdered. He did not go to the said place, but had seen Dharam Swansi when he was brought home in an injured condition. Karam Swansi had disclosed about Mojal Mahto assaulting his brother on the neck with a Tabla. The incident occurred due a dispute with respect to sharing of water by the villagers of Burusibu and Burudih.

4|Page In cross examination he has deposed that Karam Swansi and Dharam Swansi do not have any land of their own. The dispute between the two villagers is sharing of water for irrigation purposes.

P.W. 8 Jaisingh Puran has proved his signature as well as the signature of Suren Manjhi in the seizure list of blood stained earth and pebbles which have been marked as Ext. 4/2 and 4/3 respectively.

P.W. 9 Somra Swansi did not support the case of the prosecution and was declared hostile by the prosecution.

P.W. 10 Somwari Devi is the wife of the deceased who has stated that Karam Swansi had disclosed that Mojal Mahto had committed the murder of her husband.

In cross examination she has deposed that her husband was returning home with her brother-in-law.

P.W. 11 Joseph Oraon has stated that he was harvesting paddy when Chetan Mahto had disclosed to him that Dharam Swansi has been murdered. Previously also the villagers of Burusibu and Burudih had a quarrel regarding the water of Dharakocha stream.

P.W. 12 Shaligram Choudhary has proved the handwriting of Pashan Surin in the Fardbeyan and the Case Diary which have been marked as Ext. 5 and 6 respectively.

5. The statement of the accused was recorded under Section 313 Cr.P.C. in which he has denied his complicity in the commission of murder of Dharam Swansi.

6. It has been submitted that by Mr. Ajay Kumar Pathak, learned counsel appearing for the appellant that the case of the prosecution is based uponthe solitary eye witness account of P.W.-2 which has not been corroborated by any of the other witnesses. The appellant has been implicated only on account of a previous enmity existing between the villagers of the deceased and the appellant with respect to sharing of water of Dharakocha stream for irrigation purposes.

7. Mrs. Priya Shrestha, learned Spl.PP has submitted that the evidence of P.W.-2 is untainted and natural and without there being any exaggeration

5|Page which clearly proves the assault committed by the appellant upon Dharam Swansi with a Tabla which fact also gains strength from the postmortem report.

8. We have heard the learned counsel for the respective parties and have also perused the lower court records.

9. The appellant and two other accused persons, namely, Jage Mahto and Manbodh Mahto were alleged to have hid themselves behind a Semel tree waiting for the prey in the form of Dharam Swansi to arrive and in a swift action the appellant had inflicted an injury with a Tabla on the back of the neck of Dharam Swansi who later on succumbed to his injuries. The informant (PW-2) who was returning home had witnessed the assault and had raised an alarm which resulted in some villagers returning from the market rushing to the place of occurrence, where they saw the injured Dharam Swansi lying on the ground. The learned trial court has acquitted Jage Mahto and Manbodh Mahto on the ground that there is no evidence that these two persons had taken an active part in committing assault upon Dharam Swansi.

10. On dissecting the evidence of PW-2 it is definitive that the appellant was the sole assailant whose act of assault with a Tabla on the neck of Dharam Swansi was witnessed by PW-2 from close range. Though the defence had subjected PW-2 to a lengthy cross examination, but apart from the fact that irrelevant questions were put to PW-2, his version could not be shaken as no contradiction appears in his evidence. PW-2 is the solitary witness to have seen the assault and the precursor to the incident as well as the aftermath of the assault have been conveniently and suitably explained by PW-2 and there is no cause for disbelieving his evidence moreso when the evidence of PW-4 and PW-5 who had rushed to the place of occurrence on hearing the distress call from PW-2 reveals about the disclosure made by PW-2 regarding the manner of assault and the identity of the appellant. The postmortem report also is corroborative of the manner of assault as an incised wound was found near the neck of the deceased which substantiate the allegation of the assault committed with a Tabla by the appellant on the neck of the deceased.

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11. The learned trial court having appropriately considered and analyzed the evidence on record has come to a conclusion of the charge having been proved against the appellant thereby leading to his conviction u/s 302 I.P.C. We do not find any reason to cause interference in the impugned judgment and order of conviction and sentence dated 27.05.1999 (sentence passed on 01.06.1999) passed by Shri Birendra Singh, learned 1st Additional Judicial Commissioner, Khunti in Sessions Trial No. 380 of 1994 and consequently we dismiss this appeal.

12. Since the appellant is on bail, he is directed to surrender before the learned trial court immediately and forthwith in order to serve out the reaming part of his sentence.

(RONGON MUKHOPADHYAY,J.)

(ARUN KUMAR RAI, J.) Jharkhand High Court, Ranchi Dated the 14th January, 2025 MK/N.A.F.R.

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