JAGDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT No. 1 Jagdeo Mahto has been released on Probation of Offenders Act and has been directed to execute a bond of Rs. 2000/- to keep peace and tranquility for one year. APPELLANT No. 2, Banarsi Mahto and APPELLANT No. 3, Ram Sabuj Mahto have been convicted under Sections 325, 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 325 and six months under Section 323 and under Section 147 respectively. APPELLANT No. 4, Rabindra Mahto and APPELLANT No. 6, Daso Mahto have been convicted under Sections 324 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 324 and also under Section 148 of the Indian Penal Code. APPELLANT No. 5 Ramdeo Mahto has been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case briefly stated is that on 11.8.1988 at about 7 A.M. while the informant Saudagar Pasi was uprooting paddy seedling in his field the accused persons variously armed came there and threatened him to be killed for not withdrawing the case in spite of their repeated requests. It has been alleged that appellant Jagdeo Mahto and appellant Ram Sabuj Mahto assaulted the informant on his right hand, right thigh and right leg by means of Lathi. One Kameshwar Pasi raised alarm on which son of the informant Babu Lal Pasi came to save the informant but the appellant Rabindra Mahto gave a Garasa blow on the head of Babu Lal with an intention to kill him. Having sustained injury of Garasa he fell down. THEreafter appellant Daso Mahto and Ramdeo Mahto assaulted him by means of Bhala and Saif respectively. If has been alleged that the appellant Banarsi Mahto and appellants Jagdeo Mahto and Ram Sabuj Mahto assaulted Babu Lal by means of Lathi also. Babu Lai had kept Rs. 1100/- in his pocket for purchasing fertilizer. That money was also taken out from his pocket by appellant Rabindra Mahto. On alarm villagers came there and saw the occurrence. THE informant and his son Babu Lal, both injured, were brought to Sadar Hospital, Nawadah for medical treatment where the Fardbeyan of the informant was recorded by A.S.I. in the Sadar Hospital, Nawadah, on the basis of which formal F.I.R. was drawn up and the case was instituted against the accused persons. After completion of investigation charge sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions for trial and the trial concluded with the result as indicated above. THE appellants pleaded not guilty.