MEGHNATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 13 -7 -81 at 7.30 p.m., Abhiram Mahto (P.W. 9) of village Lakerbad within Saraikella P. S. in the district of West Singhbhum lodged a First Information Report with Saraikella police in the Sub -divisional Hospital at Saraikella that on that day at about 10.30 a.m. when he was ploughing his land appertaining to plot No. 108 measuring about two bighas situated at Kopatdanri joined by his brother Khudiram Mahto (P.W. 1) and two others named Kanga Mahto (deceased) and Nirmal Mahto (P.W. 8), 6 persons named Meghnath Mahto, Pati Mahto, Bishu Mahto, Balram Mahato, Dukhni Mahatain and Fuchu Majhi arrived their variously armed. Meghnath Mahato and Pati Mahato were wielding tangis (axe); Bishu Mahto and Balram Mahato lathis; Fuchu Majhi bow and arrows and Dukhni Mahatain Kulhari. They asked him and his companions not to plough the land. They declined to oblige. Therefore, Meghnath Mahato struck him (informant) with tangi on his head and he fell down. Pati Mahato gave tangi blow to deceased Kanga Mahto who fell down and thereafter, Dukhni Mahtain struck him with Kulhari she was carrying. Nirmal Mahato was also assaulted by Balram Mahto and Bishu Mahto by means of lathis. Thereafter, all the accused -persons started showering their respective weapons indiscriminately. Kalipado Mahato (P.W. 12) arrived to their rescue and was struck with lathi by Balram Mahto. In the meantime, some co -villagers including Lakhan Mahto (P.W. 7) and Ranjit Mahto also arrived their from the village. Lakhan Mahto was struck by means of Pasha (rear part) of Kulhari. When other co -villagers assembled there, the assailants fled from the field. The injured were taken to Saraikella Sub -divisional hospital where they were examined and treated by Dr. T.N. Ganju (P.W. 11). Later on, Kanga Mahato succumbed to the injuries sustained by him.

(2.) On such facts, all the six accused -persons were challaned by Saraikella police and they were put on trial. Charges under Sections 302/149, 307/149, 324/149, 323/149, 148 and 447 of the Indian Penal Code (hereinafter to be referred to as I.P.C.) were framed against all the accused -persons. They denied the charges and pleaded false implication.

(3.) The defence of the accused -persons is that the land of plot No. 108 (hereinafter to be referred to as the disputed land) was in their possession and they had grown paddy thereon some time back. On the previous evening, an agnate of the parties named Nalin Mahto had died at village Bijay and they had gone there to participate in his cremation. Taking advantage of their absence from the village, the informant party, namely, the informant, P.Ws. Kalipado Mahto, Lakhan Mahto, and deceased Ranga Mahto went to the disputed land and started ploughing the same with the help of some ploughmen. At about 10 30 p.m. when Meghnath Mahto noticed his paddy being ploughed, he went there and protested. On his protest deceased Ranga Mahto, P.W. 9 and P.W. 12 dealt. Tangi blows on him; whereas P.W. 7 struck him with stick. On his alarm, his brothers Bishu Mahto and Pati Mahto arrived there and rescue him. He was taken to Sub -divisional hospital at Saraikella where he lodged a First Information Report regarding the occurrence on the same day at 3.30 p.m., that is, prior to the lodging of information with the police by the first informant of the present case, namely, P.W. 9.