State of Jharkhand vs Nirmal @ Mantu Mahto S/o Bandhan Mahto

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 1554

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
State of Jharkhand – Appellant
Versus
Nirmal @ Mantu Mahto S/o Bandhan Mahto – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Vandana Bharti.
For the Respondent: Rajesh Kumar.

JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Against the judgment of acquittal of Nirmal @ Mantu Mahto, Jamni Devi and Bhola Mahto passed in Sessions Trial No. 49 of 2004, the State of Jharkhand has filed this Acquittal Appeal under section 378(1) of the Code of Criminal Procedure.

2. Dugda PS Case No. 46 of 2002 was lodged on the basis of a written report given to the police on 23rd August 2002 by Shishu Mahto who is the father of Mundrika Devi. In his written report, the informant has stated that in the evening of 22nd August 2002 when he came back home, he found that around 05.00 PM Nirmal Mahto had come and left his daughter home. His daughter informed him that her husband was demanding Rs.20,000/-for business and after dropping her there he left saying that he would not come back. The informant has further stated that around 09.00 PM in the night Nirmal Mahto came back and demanded Rs.20,000/-from him and, on his request, he agreed to stay in the night. The informant left home for attending night duty at Madhuban Washery and when came back around 07:15 AM the next day morning his wife informed him that she heard some noises around 04.00 AM coming from the room of the daughter and aroun