NAND LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The appellant No. 1 has been convicted for the offence under Sections 307 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and two years respectively. The other appellants have been convicted under Sections 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months for the offence under Section 323 of the Indian Penal Code and one month for the offence under Section 147 of the Indian Penal Code. However, the appellant No. 10 Thakur Mahto though has only been given the benefit of Probation of Offender's Act.

(3.) The prosecution case as alleged by the informant is that the occurrence took place due to plucking guava from the guava tree of the informant by the accused Nand Lal Mahto and Jai Kishore Mahto. When the informant went to complain to the house of Nepal Mahto (accused) the accused, Nepal Mahto became angry and ordered his sons, brothers, nephew and uncle to kill the informant. Whereupon all the accused persons armed with farsa, iron rod and lathi attacked the informant. The accused Nand Lal Mahto assaulted the informant with farsa causing farsa injury on his head and the accused Raj Kishore Mahto assaulted the informant with iron rod causing injury on his right hand, left leg, left hand, thigh and back and rest of the accused persons assaulted him with lathi Accused Jal Kishore Mahto took away one currency note of Rs.100/- from the pocket of the informant and the accused Sanjay Mahto snatched away HMT watch from the hand of the informant. Originally case was registered under Sections 147, 148, 149, 323, 324, 379 and 448 of the Indian Penal Code. However, charge-sheet submitted under Sections 147, 323, 341, 448, 307 and 379 of the Indian Penal Code. However, the charge was framed for the offence under Sections 307/149, 323, 307, 148,1147, 448 and 379 of the Indian Penal Code.