Jharkhand High Court
Ruplal Mahto @ Ruplal Yadav Mahto Son Of ... vs The State Of Bihar (Now Jharkhand) on 12 June, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
Neutral Citation No. ( 2025:JHHC:15357-DB )
Criminal Appeal (D.B.) No. 196 of 1997 (R)
Against the judgment and order of conviction and sentence dated
22.07.1997 (sentence passed on 23.07.1997) passed by Sri K. D. Singh,
learned 5th Additional Sessions Judge, Giridih in S. T. No. 256 of 1992.
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Ruplal Mahto @ Ruplal Yadav Mahto son of Late Ugan Mahto, resident
of Nawadih, PS Bagodar, District Giridih ... ... Appellant
Versus
The State of Bihar (now Jharkhand) ... ... Respondent
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For the Appellant : Mr. Arjun Narayan Deo, Advocate
For the Respondent : Mr. Sanjay Kumar Srivastava, A.P.P.
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Present:
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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C.A.V. on - 07.01.2025 Pronounced on - 12.06.2025
Per, R. Mukhopadhyay, J.
Heard Mr. Arjun Narayan Deo, learned counsel for the
appellant and Mr. Sanjay Kumar Srivastava, learned A.P.P. for the State.
2. This appeal is directed against the judgment and order of
conviction and sentence dated 22.07.1997 (sentence passed on 23.07.1997)
passed by Sri K. D. Singh, learned 5th Additional Sessions Judge, Giridih
in S. T. No. 256 of 1992 whereby and whereunder the appellant has been
convicted for the offences punishable under Sections 302/120(B) and
328/120(B) I.P.C. and has been sentenced to undergo imprisonment for
life for the offence under Section 302/120(B) I.P.C. and rigorous
imprisonment for 10 years for the offence under Section 328/120(B) I.P.C.
3. The prosecution case arises out of the fard beyan of Nilkanth
Pandey recorded on 10.01.1990 in which it has been stated that on
09.01.1990, the brother of the informant Banshi Pandey had gone to
Nawadih. It has been alleged that on 10.01.1990 at about 8:00 A.M., the
informant received an information from Inder Singh of Ambadih that his
Neutral Citation No. ( 2025:JHHC:15357-DB )
brother and nephew had died in sleep at Nawadih. At this information,
the informant along with Inder Singh, Mahesh Pandey and Sukhdeo
Pandey had gone to Nawadih where the brother and nephew of the
informant were found dead in the house of Ruplal Yadav. Both had
foam coming out from their mouths. On enquiry, it came to light that
Ruplal Yadav, Hiraman Mahto, Chaita Mahto and Janardan Pandey had
administered poison upon the brother and nephew of the informant
resulting in their death.
Based on the aforesaid allegations, Bagodar (Sariya) P. S. Case No.
5 of 1990 was instituted under Sections 302/328/34 of I.P.C. 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 S. T. No. 256 of 1992. Charge was framed
against the accused persons under Sections 302/120(B) and 328 I.P.C.
which was read over and explained to them in Hindi to which they
pleaded not guilty and claimed to be tried.
During the pendency of this appeal, the original appellant no. 2 -
Janardan Pandey had died and the appeal stands abated against him.
This appeal therefore is confined to the sole surviving appellant - Ruplal
Mahto.
4. The prosecution has examined as many as 4 witnesses in
support of its case.
5. P.W. 1 - Sukhdeo Pandey has stated that on 09.01.1990 his
father - Banshi Pandey and cousin brother - Bhagwat Pandey has gone
to the house of Ruplal Mahto at Nawadih. On the next day at 7:00 A.M.,
he came to know that both had died. At this, he along with Nilkanth
Pandey and Mahesh Pandey had gone to Ambadih from where Laxmi
Singh accompanied them and all went to Nawadih. On reaching there,
he had seen his father and cousin brother lying dead on a cot. There was
foam in the mouth of Banshi Pandey while in the mouth of Bhagwat
Pandey blood and foam were detected. His father was murdered by
Janardan, Ruplal and others.
Neutral Citation No. ( 2025:JHHC:15357-DB )
In cross-examination, he has deposed that his father used to
frequent the house of Ruplal Yadav. There is previous enmity between
his father and Janardan and others. He had not seen the murder, but had
heard about the involvement of the accused persons in the murder.
6. P.W. 2 - Nilkanth Pandey is the informant who has stated
that on 09.01.1990, his brother Banshi Pandey had gone to Ambadih to
his sister's place. His brother had not returned and on 10.01.1990 at 7:00
A.M. when he was taking the cattle to the Jungle for grazing, he was
informed by Janardan Pandey that Banshi Pandey and Bhagwat Pandey
has been murdered at Nawadih in the house of Ruplal Yadav. He did
not take such information seriously as Janardan Pandey had a habit of
blabbering such things. On the same day, he had gone to Sariya market
where Inder Singh disclosed that the Chowkidar of Nawadih had
informed the police station that Banshi Pandey and Bhagwat Pandey has
been found dead in the house of Ruplal Yadav. He returned to his house
and had gone to Ambadih to the house of his brother-in-law along with
his nephew Sukhdeo Pandey who disclosed that Bhagwat Pandey and
Banshi Pandey had gone to Nawadih. He had stated that he along with
Sukhdeo Pandey, Inder Singh, Nageshwar Singh and Manoj Pandey had
gone to Nawadih to the house of Ruplal Yadav. He had seen Banshi
Pandey and Bhagwat Pandey lying on a cot and foam was visible in the
mouth of Banshi Pandey while there was presence of blood and foam in
the mouth of Bhagwat Pandey. Ruplal Mahto and females in the house
had disclosed that both had dinner and had gone to sleep and both died
in their sleep. There was a land dispute with Janardan Pandey. He has
proved his signature in the fard beyan which has been marked as Exhibit
1.
In cross-examination, he has deposed that he had met Ruplal
Mahto at Nawadih where Ruplal Mahto and the entire family members
started crying and had shown their ignorance about the incident. He had
seen the room where the death had taken place. The room had 2-3
windows and a Dhibri was also found in the room. He used to frequent
the house of the accused for the purpose of Puja. No case was filed by
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Janardan Pandey against him before the incident. Subsequent thereto
cases had been filed.
7. P.W. 3 - Sunil Kumar Pandey has stated that on 10.01.1990 at
6:30-7:00 A.M., he was going to the Jungle to graze cattle when he met
Janardan Pandey who threatened him of committing his murder at
which he became frightened and came back to his house and disclosed
the matter to his mother and uncle - Nilkanth Pandey. At 4:00 P.M.,
Inder Singh came from Ambadih and disclosed that Banshi Pandey and
Bhagwat Pandey have been murdered. His uncle - Nilkanth Pandey and
brother - Sukhdeo Pandey had left for Nawadih at 5:00 P.M. and when
they returned at night, they disclosed that Janardan Pandey, Ruplal
Yadav, Chaita Yadav and others have committed the murder of Banshi
Pandey and Bhagwat Pandey by administering poison upon them. The
police had recorded his statement.
In cross-examination, he has deposed that he had not disclosed to
the police that Nilkanth Pandey and Sukhdeo Pandey had met him at
night and they had stated about the murder of Banshi Pandey and
Bhagwat Pandey committed by Janardan Pandey, Ruplal Yadav, Chaita
Yadav and others by administering poison.
8. P.W. 4 - Dr. Suresh Brahamchari was posted as a Medical
Officer at Sadar Hospital, Giridih and on 11.01.1990, he had conducted
autopsy on the dead body of Bhagwat Pandey and had found the
following:
"Eyes black, hair black, eyes closed, mouth hardly open, rigor mortis
present in lower limb only, vomitus around the mouth with blood stain.
There was no external injury on the person. Skull and brain NAD.
Larynx and trachea congested. Trachea contained food particles.
Forensic cage - N.A.D. Chest, lungs red, heard both side full of
blood. Lever red, spleen red and bigger in size.
Kidney red, urinary bladder empty, stomach contained full diet (rice
and pulse) and partly digested, Mucosa red.
Inner lining of stomach - Stomach contains smell - pungent.
Rectum empty. Genital - N.A.D."
The cause of death could not be ascertained.
Neutral Citation No. ( 2025:JHHC:15357-DB )
On the same date, he had conducted autopsy on the body of
Banshi Pandey and had found the following:
"His hairs partly grey black, eyes closed, mouth partly open, rigor
mortis is present in lower limbs only. There was no external injury.
On dissection brain and skull - N.A.D.
Trachea - congested.
Forensic cage - N.A.D.
Lungs - congested.
Heart both side - full.
Liver and spleen - red.
Kidney - red.
Stomach contained full diet (rice & pulses) partly digested.
Mucosa partly congested smelling pungent."
The cause of death could not be ascertained.
Both the post mortem reports have been proved and marked as
Exhibits 2 and 2/a respectively.
In cross-examination, he has deposed that contents of stomach in
both the cases were pungent smelling. Carbon monoxide is poisonous.
He disclosed that carbon monoxide is produced when the lamp is burnt
in the closed room due to lack of oxygen. In an airtight room, lamp will
burn for some time, after which it will extinguish.
9. The statement of the accused was recorded under Section
313 Cr.P.C. in which he has denied his complicity in the murder.
10. It has been submitted by Mr. Arjun Narayan Deo, learned
counsel for the appellant that the case of the prosecution is based on
weak circumstantial evidence on account of the death happening in the
house of the appellant. It has been submitted that the cause of death
could not be ascertained in the post mortem report and the viscera report
was also not produced by the prosecution. The Investigating Officer has
not been examined and no incriminating article was seized from the
place of occurrence. The deceased persons had enmity with Janardan
Pandey and the prosecution has failed to suggest any motive which can
be attributed to the appellant. Mr. Deo has submitted that the evidence
of P.W. 4 reveals that both died on account of inhaling carbon monoxide.
Neutral Citation No. ( 2025:JHHC:15357-DB )
11. Mr. S. K. Srivastava, learned A.P.P. for the State has
submitted that admittedly the death had occurred in the house of the
appellant and the circumstances indicate that it is a case of poisoning.
12. We have heard the learned counsel for the respective parties
and have also perused the trial court records.
13. The fard beyan reveals about the brother and nephew of the
informant having gone to Nawadih and later on an information was
received that both have died and it was suspected that the appellant and
others had administered poison upon them. Admittedly, the viscera
report has not been produced by the prosecution and the only
incriminating circumstance highlighted by the prosecution seem to be of
the dead body having been found in the house of the appellant. The
enmity which the prosecution has sought to project was with Janardan
Pandey. As per P.W. 1, deceased Banshi Pandey used to frequent the
house of the appellant which would indicate that the relationship
between the appellant and the deceased Banshi Pandey was cordial.
None of the witnesses who all are related to the deceased have even
given an iota of hint about any sour relationship between the deceased
and the appellant.
14. So far as the death is concerned, nothing could be
ascertained from the post mortem report. However, the evidence of P.W.
4 reveals about an angle which could possibly be the cause of death. In
his cross-examination, P.W. 4 has stated that carbon monoxide is
produced when a lamp is burnt in a closed room. As per the evidence of
P.W. 2, there was a lamp (Dhibri) found in the room, where the death
had taken place and though a mention has been made about 2-3
windows in the room, but we have also taken note of the fact that it was
a winter night as the incident had taken place in early January and strong
possibility of the windows being closed cannot be ruled out. The other
factor which is correlated is that both the persons died in their sleep and
none of the witnesses have stated about any struggle having taken place.
There was no injury on the persons of the deceased and the evidence of
the P.W. 2 further reveals that the appellant and his family members
Neutral Citation No. ( 2025:JHHC:15357-DB )
have disclosed about the deceased after having dinner going to sleep and
dying in their sleep. In fact, both the bodies were found on the same cot.
The learned trial court has considered the circumstances not germane for
deciding the issue and in fact had not at all considered the instances
projected by us which would undoubtedly give the benefit of doubt to
the appellant.
15. We therefore based on the discussions made hereinabove set
aside the judgment and order of conviction and sentence dated
22.07.1997 (sentence passed on 23.07.1997) passed by Sri K. D. Singh,
learned 5th Additional Sessions Judge, Giridih in S. T. No. 256 of 1992.
This appeal is allowed.
16. Since the appellant is on bail, he is discharged from the
liabilities of his bail bond.
17. Pending I.A., if any stands closed.
(Rongon Mukhopadhyay, J.)
(Arun Kumar Rai, J.)
Jharkhand High Court at Ranchi
The 12th day of July, 2025
R.Shekhar/NAFR/Cp.3
