VISHWAKARMA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 10.09.2015 and order of sentence dated 11.09.2015 passed by the Additional Sessions Judge-3rd, Samastipur in Sessions Trial No. 276 of 2009 found the sole appellant, Vishwakarma Mahto guilty under Section 341 I.P.C. and directed to pay fine appertaining to Rs. 500/-, under Section 324 I.P.C. and directed to undergo rigorous imprisonment for one month, under Section 448 I.P.C. and directed to pay fine appertaining to Rs. 1,000/-, under Section 307 I.P.C. and directed to undergo rigorous imprisonment for seven years as well as to pay fine appertaining to Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for six months conjointly with a further direction to run the sentences concurrently.

(2.) On 10.03.2009, P.W.6 Pramila Devi, who happens to be mother of injured Rambali Mahto (P.W.7) had recorded her fard-bayan alleging inter alia that on account of digging of drainage, there was dispute amongst herself as well as her neighbour Ram Prahlad Mahto whereupon, Manti Devi wife of Ram Prahlad Mahto was constantly abusing. Today, at about 11.30 a.m., Manti Devi chased her daughter Isha Kumari (P.W.1) with brick particle to assault followed by her son Dilip Mahto. At the relevant time her another son Rambali Mahto, who was standing in the courtyard after returning from a Barati was given Chhura blow by Vishwanath Mahto, son of Prahlad Mahto over his chest after making criminal trespass on account of which, he became injured. He has been taken to hospital for treatment by the villagers.

(3.) On the basis of the aforesaid fard-bayan, Sarairanjan (Ghataho) P.S. Case No. 35 of 2009 was registered, whereupon investigation commenced and concluded by way of submission of charge-sheet paving way to the trial which concluded in a manner, the subject matter of instant appeal.