DHIREN CHANDRA MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeals have been preferred by the Appellants in two sets against the judgment of their conviction and order of sentence recorded against each of them by Shri R.K. Srivastava. Additional Sessions Judge, F.T.C.-3rd, Bokaro in Sessions Trial No. 249 of 1997.

(2.) The Appellants were convicted under Sections 324/149, 148/149 and 341 of the Indian Penal Code and accordingly each of them was sentenced to undergo rigorous imprisonment for a period of two years, again rigorous imprisonment for two years and simple imprisonment of one month respectively on each count. However, it was directed that all the sentences would run concurrently against each of them.

(3.) The prosecution story, as it stands narrated in the written report of the informant Jyoti Lal Mahato, was that on 07.09.1996 while he was going through the village road for taking bath in the nearest tank at about 7 p.m. he was restrained by Kalpoo Mahato @ Keloo Mahato and as many as 10 other accused persons surrounded him. The informant alleged that amongst the accused, Vinay Mahato assaulted him by means of Paisa, Jai Deo Mahto pinned him down forcibly on the earth, Bandhu Mahato pelted stones which caused injury in his left arm and against Shankar Mahto the informant alleged that he assaulted him with stick. The informant further alleged that when the inmates of his house attempted to rescue him, they were threatened by Gour Mahato, who stopped them by brandishing pistol and finally. it was alleged that Dhiren Chandra Mahato smashed his chest by standing over it. All the accused persons escaped from the place of occurrence on the arrival of the villagers on hearing "Halla". The occurrence took place at the doors of the Appellants. On the basis of his written report Chandankiyari P.S. Case No. 59 of 1996 was registered on 09.09.1996 against all the eleven named accused persons i.e. the Appellants herein and after investigation, charge-sheet was submitted against them for the offences under Sections 147/148/149/337/341/323/324/307 of the Indian Penal Code as also under Section 27 of the Arms Act.