MAHENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above said appellants have been convicted and sentenced by learned Additional Sessions Judge- II, Samastipur in Sessions Trial No. 265 of 1989/165 of 2000 by common judgment of conviction and order of sentence dated 09-06-2000 and, accordingly, both the Criminal Appeals were heard together and the aforesaid appeals are being disposed of by this common judgment.

(2.) From perusal of paragraph-47 of impugned judgment, I find that the appellant in Cr. Appeal No. 210 of 2000 was found guilty for the offences punishable under Sections-148, 324 and 307 of the Indian Penal Code and appellants in Cr. Appeal No. 214 of 2000 were found guilty under Sections-147, 323, 325 of the Indian Penal Code but they were acquitted of the charge for the offences under Sections-307/149 of the Indian Penal Code but again, in the same paragraph, learned trial court acquitted the appellant in Cr. Appeal No. 210 of 2000 of the charge framed under Section-324 of the Indian Penal Code on the ground of compromise and similarly, appellants in Cr. Appeal No. 214 of 2000 were acquitted of the charges framed under Sections-323 & 325 of the Indian Penal Code. Furthermore, I find from perusal of the impugned judgment that the learned trial court sentenced the appellant in Cr. Appeal No. 210 of 2000 to undergo rigorous imprisonment for three years for the offence punishable under Section-148 of the Indian Penal Code and to undergo rigorous imprisonment for ten years for the offence punishable under Section-307 of the Indian Penal Code, however, both the sentenced were directed to run concurrently. The learned trial court released the appellants in Cr. Appeal No. 210 of 2000 on probation under Section-4(1) of the Probation of Offenders Act on their entering into bonds of Rs 2,000/- each with one surety of the like amount each.

(3.) In brief, prosecution case is that, P.W. 3 Achhay Lal Mahto gave his fardbeyan to ASI of Pusa Police Station on 28-03-1986 at 6.00 p.m. to this effect that on 26-03-2986 between 4.00 p.m. to 5.00 p.m. he had gone at the Bathan of Sitaram Mahto and while he was returning to his home from there, and reached on the road, appellants and other accused, being armed with Farsa and Lathi encircled him and asked him not to depose in the case lodged by one, Muneshwari Devi against them. He did not bow down upon the aforesaid pressure and after that, Ram Sagar Mahto exhorted the others to assault him and appellant, Mahendra Mahto gave one Farsa blow causing head injury to him and having sustained injury, he fell down on the earth and thereafter, the aforesaid Mahendra Mahto repeated the farsa blow but that was prevented by Tek Narayan Mahto and then, other appellants assaulted him as well as Tek Narayan Mahto with lathi. On being alarm raised by him; Ram Sagar, Mahendra, Sitaram etc. reached there but they were, too, assaulted by the appellants and other accused with lathi. In the meantime, several villagers assembled there and after that, appellants and other accused fled away.