TARANI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 23.12.2002 passed by learned Additional Sessions Judge, F.T.C. 3Rd, Bokaro in Sessions Trial No. 185 of 1990, whereby and whereunder the appellants were convicted under section 325/149 of the IPC and they were sentenced to undergo R.I. for three years.

(2.) As per office report Appellant No. 8 Roshan Mahto son of Late Siki Mahto has died. Hence, appeal of Roshan Mahto stands abated.

(3.) The prosecution case,in brief, as per the fardbeyan dated 27.3.1990 given by the informant Dashrath Mahato P.W.-2 is that on at about 6 a.m. in the morning they were demolishing the wall made of mud situated in their land. In the mean time the accused persons came there armed with bhala, tangi, talwar and lathi and started assaulting the informant's party. Accused persons were abusing them and were saying that the wall is on their land and why they were demolishing it. When the informant's party objected to the use of filthy language then the accused Sashi Bhushan Mahato assaulted the informant by means of ballam causing injuries on his left ear as a result blood oozed out. Thereafter, the younger brother of the informant Niwaran Mahato was assaulted by the accused persons Bhibhuti Mahato and Madhu Mahato by means of lathi and talwar.Then Amaran Mahato, another brother of the informant was assaulted by Ritbaran Mahato by tangi. One of the persons of the informant party, namely Baghambar Mahato was also assaulted by the accused persons. Informant further stated that due to assault, informant and his three brothers sustained injuries and fell down. Thereafter, the accused persons fled away.