DHELAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Dhelan Mahto, Pragesh Mahto and Jagdeo Prasad have been found guilty for an offence punishable under Section 307/34 of the I.P.C. and each one has been sentenced to undergo S.I. for seven years as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, to undergo S.I. for one year, additionally, under Section 324/ 34 of the I.P.C. and each one has been sentenced to undergo S.I. three months, under Section 323/34 of the I.P.C. and each has been sentenced to undergo S.I. for one year, under Section 447/34 of the I.P.C. each one has been directed to undergo S.I. for three months, with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 30.05.2015 passed by the 9th Additional Sessions Judge, Gaya in Sessions Trial No.213 of 2014/ 280 of 2010.

(2.) Naresh Mistry (PW-8) had filed written report on 07.12008 alleging inter alia that on the same day at about 6.00 a.m., he had gone to his shop, during midst thereof, Dhelan Mahto, Pragesh Mahto and Jagdeo Prasad, co-villagers came at his house and indulged in an altercation with his wife. On account thereof, his wife came to shop and accompanied him. He along with his wife came to his house from his shop and found, all the accused persons standing at his Darwaza. He disclosed that why you people were indulged in an altercation. They all have to live altogether. On an order of Dhelan Mahto, Pragesh Mahto caught hold him and then, Dhelan Mahto and Jagdeo Prasad, who were armed with Khanti, began to assault over his head as a result of which, he sustained injury over his head and blood came out. He fell down after being unconscious. On hue and cry raised by his wife, people assembled seeing whom, the accused persons escaped there from. The motive for the occurrence has been suggested as the land of the accused persons lies adjacent to his house and for that, the accused persons frequently indulged in quarrel. Today also, they have quarreled in the aforesaid background.

(3.) After registration of Barachatti (Mohanpur) P. S. Case No.351 of 2008, investigation commenced and concluded by way of submission of chargesheet followed with trial meeting with ultimate result, subject matter of instant appeal.