SAGU MAHATO, Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction and order of sentence dated 30.4.2002 passed by Sri Binay Kumar Sinha, Sessions Judge, Jamtara in Sessions Case No. 54/90/404/01, by which judgment he found all the four appellants, namely, Sagu Mahato, Fagu Mahato, Fichi Mahato and Mohan Mahato guilty under Sections 307/326/323/34 of the Indian Penal Code and sentenced the appellant No. 1, Sagu Mahato to undergo R.I. for 10 years under Section 307 of the Indian Penal Code and 6 years under Section 326 of the Indian Penal Code. Appellant Nos. 2, 3, 4, namely, Fagu Mahato, Fichi Mahato and Mohan Mahato were sentenced to undergo R.I. for 7 years each under Section 307 read with Section 34 of the Indian Penal Code and appellant No. 4, Mohan Mahato was further sentenced to undergo R.I. for one year under Section 323 of the Indian Penal Code. However, he directed all the sentences will run concurrently.

(2.) IT is submitted by the learned Counsel for the appellants that it will appear from the prosecution case and evidences that there was some land dispute with regard to the "Bagicha" and as such when the prosecution party objected some verbal fight took place between them and then suddenly Sagu Mahato charged "Katari" blow on the injured Nirmal Chandra Sen, causing injury on his left side head and again Sagu Mahato charged another "Katari" blow, causing injury on his left hand and thereafter the informant - P.W.7, Gokul Chandra Sen intervened then Sagu Mahato also charged "Katari" blow on his right hand, but there is no allegation of assault against the other appellant No. 4, Mohan Mahato, who is said to have caused only a "lathi" blow on the wrist of the informant and the doctor found no 'lathi' injury corresponding to the same and as such the conviction of all the appellants under Section 307/34 of the Indian Penal Code is bad in law except appellant No. 1, Sagu Mahato.

(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by the informant -P.W.7, Gokul Chandra Sen on 3.1.89 at 12.30 p.m. in the afternoon stating therein that on the same day at 8.30 a.m. when he along with cousin brother, Nirmal Chandra Sen had gone to "Bagicha" for easing, they saw that accused, Sagu Mahato, Fagu Mahato, Fichi Mahato and Mohan Mahato variously armed with "Katari", "Farsha" and "Lathi" and accused, Sagu Mahato was cutting leaves of palm tree with the help of a "Katari". Then they asked them as to why they are cutting leaves of palm trees. Whereupon, the accused said now they will cut their body. Thereafter, the accused Sagu Mahato with intention to commit the murder gave a "Katari" blow on the head of his brother, Nirmal Chandra Sen, causing injury on his left side head and again the accused, Sagu Mahato gave another "Katari" blow by which the left hand of the brother of the informant was chopped off from the wrist. When the informant went to intervene then the accused, Sagu Mahato also gave a "Katari" blow at his right hand. After that, the accused, Mohan Mahato gave a "lathi" blow on his wrist. On hearing 'hullah' the witnesses rushed at the place of occurrence then the accused persons fled away.