MATHURA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS have preferred this appeal against the judgment of conviction and order of sentence dated 6th July, 1993 passed in Sessions Case No. 182 of 1990 passed by the Ist Additional Sessions Judge, Munger whereby all the appellants have been found guilty for the offences under Sections 307/149, 147 and 148 of the Indian Penal Code and were sentenced to undergo RI for three years each. No separate sentence was passed under Sections 147 and 148 of the Indian Penal Code.

(2.) According to the prosecution case on 18.11.1988 informant Narayan Yadav (PW 4) was cutting paddy crops in his field situated at Bagra Bahiar. Some altercation took place between the son of the informant and son of Mathura Mahto which was intervened by the informant and thereafter son of Mathura Mahto returned. Later on the appellants armed with khanti and lathi reached at the field and started abusing the informant. The appellant Mathura Mahto attacked by khanti which caused injury on the cheek of the informant. Others committed assault by lathi. The informant 'sfather Mohan Yadav (not examined) reached and tried to save the informant then he was also assaulted by lathi and khanti as a result of which he received severe injuries. The occurrence was witnesses by Jagdeo Rai (not examined), Dwarika Yadav (not examined). The informant was brought to police station where his statement was recorded. Thereafter he was treated by the doctor. On the basis of statement of the informant PW 4 Halsi P.S. Case No. 87 of 1988. dated 18.11.1988 was registered under Sections 323, 325, 307/34 of the Indian Penal Code. After investigation charge -sheet was submitted. After taking cognizance the case was committed to the Court of Sessions.

(3.) THE defence of the appellant was that no occurrence as alleged has taken place and the appellants have been implicated due to family dispute. The appellants and witnesses belong to one genealogical table.