IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 390 of 2003 ……

[Against the Judgment of conviction and sentence dated 24.01.2003, passed by learned Additional Sessions, Fast Track Court No.IV, Dhanbad in Sessions Trial No.185 of 2001]

……

Chhotelal Mahto @ Chhotan, son of Sri Daulat @ Dulu Mahto, resident of village Pawapur/Majhali Tanr, Police Station Topchanchi, District Dhanbad.

.... …. Appellant Versus The State of Jharkhand .... .... Respondent ……

P R E S E N T HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ……

For the Appellant : Mr. A.K. Kashyap, Sr. Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P.

……

C.A.V. on 14.10.2025 Pronounced on 30.10.2025 Per Pradeep Kumar Srivastava, J.

1. We have already heard Mr. A.K. Kashyap, learned senior counsel appearing for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P. appearing for the State.

2. Instant criminal appeal has been preferred by the above named sole appellant for setting aside his judgment of conviction and sentence dated 24.01.2003 passed by Additional Sessions Judge, Fast Track Court No. IV, Dhanbad, in S.T. No.185 of 2001 arising out of Topchanchi (Hariharpur) P.S. Case No.137 of 2000 (corresponding to G.R. Case No.3379 of 2000), whereby and whereunder the appellant has been held guilty for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

FACTUAL MATRIX

3. Factual matrix giving rise to this appeal is that on 21.10.2000 at about 09:00 a.m., the informant, Upasi Devi (P.W.11) gave her ailing son (Baneshwar Mahto @ Raju) Rs.150/- to go to Topchanchi Hospital for his treatment. It is further alleged that on the same day at about 11:00 a.m., while informant was going to her paddy field situated towards southern side of village, she saw that the accused Chhotelal Mahto @ Chhotan was fleeing away with a blood stained tangi in his hand. The informant also noticed that her cousin mother-in-law namely Basanti Devi (P.W.3) was also coming from the side of the road raising alarm that Baneshwar Mahto @ Raju had been murdered. The informant rushed towards the road and found her son Baneshwar Mahto was lying dead sustaining injury on his neck. Meanwhile, several villagers assembled there, who have seen the occurrence. It is further alleged that the deceased Baneshwar Mahto @ Raju as well as Chhotelal Mahto were running grocery shop in the village and there was business rivalry so the accused had jealousy with the informant's son due to his higher income from grocery shop, hence, the accused has caused murder of the deceased.

On the basis of above fardbeyan, Topchanchi (Hariharpur)

P.S. Case No.137 of 2000 was registered for the offence under Section 302 of the I.P.C. against the appellant.

4. After completion of investigation, charge-sheet was submitted against the accused appellant for the aforesaid offence. The learned C.J.M., Dhanbad took cognizance of the offence and committed the case to the Court of sessions where S.T. No.185 of 2001 was registered. The accused did not plead guilty and claimed to be tried.

5. In the course of trial, altogether 13 witnesses were examined by the prosecution.

Apart from oral testimony of witnesses, following documentary evidence has been adduced :-

Exhibit 1 : Signature of Kewal Rajwar on seizure list Exhibit 2 : Signature of Lilu Mahto on inquest report Exhibit 2/1 : Signature of Suresh Mahto on Inquest report (carbon copy)

Exhibit 3 & 3/1 : Seizure list Exhibit 4 : Post-mortem Report Exhibit 5 : Fardbeyan Exhibit 6 : Formal F.I.R.

Exhibit 7 : Inquest Report

6. On the other hand, no oral or documentary evidence has been adduced by defence.

7. The case of defence is denial from occurrence and false implication due to previous enmity. Accused is innocent and has committed no offence at all.

8. The learned trial court after appreciating the evidence available on record arrived at conclusion about guilt of the accused for the offence under Section