##PAGE1##

2025:JHHC:38670-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Appeal (DB) No.903 of 2003

[Against the judgment of order of conviction dated 10.06.2003 and

sentence dated 16.06.2003, passed by learned IVth Additional Sessions

Judge-Palamu, Daltonganj in Sessions Trial No.191 of 2000]

-----

1. Bhardul Mahto Son of Bahadur Mahto.

2. Chhatu Mahto Son of Bahadur Mahto.

3. Bahadur Mahto Son of Late Pachu Mahto

All are residents of village- Goradih, Police Station- Lesliganj,

District—Palamau. .... …. Appellants

Versus

The State of Jharkhand ..... .... Respondent

With

Criminal Appeal (DB) No.1017 of 2003

------

1. Chakarbarty Mahto son of Late Pachhu Mahto.

2. Kameshwari Mahto son of Ramji Mahto.

3. Ramji Mahto son of Late Pachu Mahto.

All are residents of village- Goradih, Police Station- Lesliganj,

District—Palamau. .... …. Appellants

Versus

The State of Jharkhand ..... .... Respondent

------

For the Appellant : Mr. A.K. Chaturvedi, Advocate.

For the Respt-State : Mr. Bhola Nath Ojha, S.P.P.

Mr. Manoj Kumar Mishra A.P.P.

For the Informant : Mr. Sanjeev Kumar Sahay, Advocate.

PRESENT

CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----

JUDGMENT

C.A.V. On:-17th November, 2025 Pronounced on:-23 /12/2025

Per:- Pradeep Kumar Srivastava, J.

1. Above captioned appeals are arising out of common judgment,

hence taken together for hearing.

1

2025:JHHC:38670-DB

2. We have already heard Mr. A.K. Chaturvedi, learned counsel for

the appellants as well as Mr. Bhola Nath Ojha, Special Public

Prosecutor assisted by Mr. Sanjeev Kr. Sahay appearing for the

informant.

3. Instant criminal appeals are directed against the judgment of

conviction dated 10.06.2003 and sentence dated 16.06.2003 passed

by learned IVth Additional Sessions Judge-Palamu, Daltonganj in

Sessions Trial No.191 of 2000, whereby the whereunder, the

appellants have been held guilty for the offences under Sections

364, 302/34, 201 of the I.P.C. and sentenced to undergo

imprisonment for life for the offence under Section 302/34 of the

I.P.C.; R.I. for 07 years under Section 201 of the I.P.C. and no

separate sentence has awarded for the offence under Section 364 of

the I.P.C. All the sentences were directed to run concurrently.

Factual Matrix

4. Factual matrix giving rise to these appeals as per fardbeyan of the

informant namely Chandradeep Mahto recorded on 21.12.1999 at

06:15 PM by S.I. Ramjee Prasad of Lesliganj, Police Station at

Goradih Tolli is that there was land dispute between father of the

informant and the accused persons namely Bhardul Mahto, Chhatu

Mahto, Bahadur Mahto, Chakarbarty Mahto, Kameshwari Mahto,

Gopal Mahto and Ramji Mahto etc. It is alleged that about 10 days

prior to occurrence Gopal Mahto had threatened the informant party

to vacate the disputed land otherwise be ready for dire

consequences. It is further alleged that on 18.12.1999 at 06:00 PM

2

2025:JHHC:38670-DB

when the informant along with his father and other family members

were sitting in his house meanwhile above named accused persons

approached there and in pretext of a meeting convened near the

forest well to settle the land dispute between the parties, took away

the father of the informant with them, but till late night informant's

father did not return home then, suspicion crept into the mind of the

informant, hence he went to the forest area, but no meeting was

going on there. Thereafter, informant went to the house of the above

accused persons, but they were also not found hence, in the next day

morning, informant again went to the house of accused persons and

asked for his father, but they expressed no knowledge as to what

happened to his father and also threatened not to lodge any case at

police station. Therefore, informant started searching his father in the

village as well as his close relatives, but did not found any trace of

his father. The informant has suspected that his father has been

abducted with intention to commit murder.

5. On the basis of above fardbeyan, Lesliganj, P.S. Case No.