ISHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the order of conviction and sentence dated 6.3.1992 passed by Sri R. Pandey, 5th Additional Sessions Judge, Giridih, in Sessions Trial No. 88/88, whereby and whereunder he convicted the appellants under Section 326/34 of the Indian Penal Code and sentence each of them to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. 1,000/- each or in default thereof to undergo simple imprisonment for six months. The learned Court below also ordered that a sum of Rs. 1,500/- shall be paid to the injured Jagdish Mahto out of the amount of fine.

(2.) According to the case of the prosecution, on 31.7.1987 at about 6.30 a.m., the brother of the informant, namely, Jagdish Mahto, who is the injured of the case was going to his field with paddy seedlings and for that the informant along with his brother Gulab Mahto were preparing the field nearabout the place of occurrence. It is alleged that as soon as Jagdish Mahto reached to the field popularly known as Bhorwatand belonging to one Dukhharan Mahto, accused Inshwar Mahto, Daso Mahto and Baleshwar Mahto, who had concealed themselves behind a Mahua tree appeared all of a sudden and surrounded Jagdish Mahto. It is alleged that accused Daso Mahto was armed with farsa, accused Daso Mahto attacked Jagdish Mahto with farsa, as a result of which, the left leg of Jagdish Mahto was cut. The informant and his brother ran along with their further, who was also coming with the paddy seedlings and all of them wanted to catch hold of the assailants but they fled away. The injured Jagdish Mahto disclosed to his brothers and father that accused Daso Mahto had attacked him with farsa on his head but he saved himself from that attack and eventually the farsa hit him on his left leg causing a cut injury of his left leg. Thereafter, the witnesses, namely, Baldeo Prasad Kushwaha, Jhari Prasad Kush-waha, Dumarchand Mahto, Bhagirath Prasad and Indradeo Mahto, who were working in the nearby field came and they also saw the alleged occurrence. It is stated that Indradeo Mahto tied up the injured portion with his dhoti and there was profused bleeding due to severe nature of the injury. Thereafter, the injured was brought to the hospital on a cot and he became senseless. The motive behind the occurrence is said to be the previous enmity going on between the parties. The fardbeyan of the informant, namely, Prayag Mahto was recorded on the same day at 10 a.m. at Referral Hospital, Dhanuar, by S.I. S.P Singh and at 12.30 p.m. formal FIR was lodged. The police took up the investigation and submitted charge-sheet under Sections 326/307 of the Indian Penal Code and cognizance was taken under both the counts and the case was transferred to the file of Sri R. Pandey, Additional Sessions Judge, Giridih, who passed the impugned order of conviction and sentence against the appellants.

(3.) The case of the defence is the complete denial of the alleged occurrence and their false implication in the case.