GANGADHAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeals are directed against the judgment of conviction and order of sentence dated 28.02.2006 passed by Sri B.K. Goswami, 1st Addl. Sessions Judge, Bokaro in S.T. Case No.91 of 1998, whereby the appellants had been convicted under Sections 324/149, 148 and 341 of the Indian Penal Code and all the appellants (except the appellant namely Arun Mahto) sentenced under Section 324/149 of the Indian Penal Code to undergo simple imprisonment for two years and a fine amount of Rs.3,000/- each, in default of payment of fine further to undergo simple imprisonment for one month each. Further each of four accused are sentenced under Section 148 of the Indian Penal Code to undergo simple imprisonment for two years and a fine amount of Rs.3000/-, in default of payment of fine, further to undergo simple imprisonment for one month each. All sentences were directed to run concurrently.

(3.) Chandankiyari P.S. No.50 of 1996 had been registered on the written statement of the informant namely Bhadrashil Kumar Manjhi (P.W.-3) on 14.08.1996. As per the prosecution story appellants armed with lathi, tangi etc. have come to persuade the informant side not to dig the soil and due to which an altercation has taken place between the parties. The appellant side has assaulted the informant side, due to which injuries has been sustained by P.W.1-Anil Kumar Manjhi, P.W.2- Golak Kumar Manjhi and P.W.3-Bhadrashil Kumar Manjhi (the informant). On the said statement, FIR had been registered under Sections 147, 341, 323 and 324 of the Indian Penal Code.