PRADIP MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 14.09.2016 and order of sentence dated 22.09.2016, all the appellants namely, Pradeep Mahto, Bhanu Mahto, Gopal Mahto, Jokhan Mahto, Sanjay Mahto have been found guilty for an offence punishable under Section 147 IPC and sentenced to undergo RI for one year, under Section 148 IPC and sentenced to undergo RI for two years, under Section 341 IPC and sentenced to undergo RI for one month, under Section 307/149 IPC and sentenced to undergo RI for seven years as well as to pay fine appertaining to Rs. 5,000/- and default thereof, to undergo RI for six months, additionally with a further direction to run the sentences concurrently. Furthermore, convict Pradip Mahto has been independently sentenced to undergo RI for ten years as well as to pay a fine of Rs.10,000/- in default thereof, to undergo RI for six months, under Section 304(Part-I) IPC sentenced to undergo RI for two years, under Section 379 IPC with a further direction to run the sentences concurrently and further the period having undergone during trial to be set of by the XII Additional Sessions Judge-East Champaran at Motihari in Sessions Trial No.496 of 2012 arising out of Turkaulia P.S.Case No.101 of 2012.

(2.) Makeshwar Ojha (PW-6) filed a written report on 01.03.2012 putting an allegation that on the same day at about 9.45 A.M. his co-villager Gopal Mahto, Pradip Mahto, Dhanu Mahto, Paltan Mahto, Sanjay Mahto and Jokhan Mahto armed with lathi, Kudal, farsa, rod sharing common intention came in the field of his cousin brother and began to cut bamboo from a bamboo cluster. He rushed and forbade them whereupon all the accused persons surrounded him from all sides and on an order of Paltan Mahto, Gopal Mahto gave Daab blow over his head with an intention to kill as a result of which sustained injuries over his head. He fell down. Blood oozen out from the injuries. On his alarm, his cousin brother Mithilesh came in rescue who was assaulted by Pradip Mahto with the brick-frame (Thapi) as a result of which he also sustained injuries over his head. Blood oozen out. The other accused persons gave indiscriminate lathi, rod blows as a result of which he became unconscious and fell down. His cousin brother Dhrub Narain came in rescue who was assaulted by Sanjay Mahto as a result of which he also sustained injuries over his head. Another cousin brother Rajeshwar Ojha also came in rescue who was assaulted by Manu Mahto with lathi. Manu Mahto also assaulted his another cousin brother Dinanath Ojha. His nephew Ratnesh Kumar was assaulted by Jokhan Mahto with farsa. Rahul was assaulted by Paltan with lathi over his head. During midst thereof, Pradip Mahto snatched away golden chain from Rahul. The villagers intervened and took all the injured to Mothihari where they were admitted at Rahmania Medical Centre, brother Mithilesh happens to be in critical condition.

(3.) After registration of Turkaulia P.S.Case No.101 of 2012 investigation commenced thereupon. As Mithilesh Ojha died, so there was conversion and addition of Section 302 of the IPC wherein along with other allied Sections, chargesheet has been submitted facilitating the trial meeting with the ultimate result, subject matter of instant appeal.