NAURANGI MAHTO Vs. STATE

JUDGEMENT

(1.) This Criminal revision application is directed against the judgment dated 6-10-1997 passed in Cr. Appeal No. 140 of 1987 by the 5th Additional Sessions Judge, Giridih whereby he affirmed the judgment of conviction and order of sentence dated 16-9-1987 passed in ST No. 40 of 1985 by the Ist Assistant Sessions Judge, Giridih whereby the petitioner No. 2, Namely, Kaushal Mahto was convicted under S. 307 of the Indian Penal Code and sentenced to undergo R.I. (for 5 years while the other rest accused persons including one Sundar Mehto (since dead) were convicted under Ss. 307/149 of the Indian Penal Code and sentenced to undergo R.I. for 5 years.

(2.) The prosecution case in brief as alleged that on 24-11-1984 at about 4-30 p.m. while the informant Sukhdeo Gope was returning from C.C.L. after performing his duty to his house he saw the petitioners taking bundles of Paddy Crops on bullock cart towards their village Tikodih and at that time accused Kaushal Mahto armed with Tangi and the rest accused persons were armed with lathi. the informant inquired from Naurangi Mahto as to why he has assaulted his son to which he denied resulting an altercation and in the meantime Kaushal Mahto assaulted with Tangi on his head and thereafter the accused Naurangi Mahto gave lathi blow on his ribs. Kaushal Mahto again gave another Tangi blow on the neck and thereafter all the accused persons/petitioners fled away. the villagers also came there on hullah and thereafter the injured was taken to the C.C.L. hospital, Baniadih where the informant was treated. The first information report was lodged for the offence under Ss. 147/148/149/323/324/307 of the Indian Penal Code. The police investigated into the case and submitted charge sheet against all the accused persons/petitioners.

(3.) All the accused persons/petitionersappeared in the trial Court and the charges were framed under S. 307 of the IPC against Kaushal Mahto whereas under S. 149/307 of the Indian Penal Code against other accused persons. The witnesses were examined and after hearing both sides, the trial Court convicted the petitioners/accused persons and sentenced them in the manner mentioned above. The petitioners, thereafter preferred appeal before the Sessions Judge, Giridih. The learned Additional Sessions Judge, Giridih affirmed the judgment of conviction and order of sentence passed by the trial Court and the appeal was dismissed by an order dated 6-10-1997.