KANCHAN MAHATO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the appellants and learned counsel for the State.

(2.) The appellants have filed this appeal against the judgment of conviction and order of sentence dated 19th December, 2002 passed by Shri Kamlesh Mishra, learned Additional Sessions Judge, F.T.C.-IV, Deoghar in S.C. Case No. 215 of 1999 (T.R. No. 107 of 2002) whereby the appellant nos. 1-9 have been convicted under Sections 147/323 of the Indian Penal Code and the appellant no. 10 namely Kamdeo Mahato has been convicted under. Sections 148/324 of the Indian Penal Code. All are sentenced under Section 3/4 of Probation of Offenders Act to execute the bond of Rs. 3000/- for maintaining good behaviour for a period of two years.

(3.) Prosecution case in brief is that on 07.07.1998 at about 2.30 p.m., the informant-Jaideo Mahato has submitted a written complaint before the Officer-in-Charge, Palajore P.S. stating therein that at about 11 a.m., when the informant and his father and other members of his family were ploughing the Plot No. 116 of village Shimla then all the accused appellants namely Kanchan Mahato, Radhey Shyam Mahato @ Radhey Mahato, Manohar Mahato, Faudi Mahato, Chunni Mahato, Khubhlal Mahato, Sukhdeo Mahato, Baldeo Mahato, Amin Mahato and Kamdeo Mahato reached there armed with Lathi, Rod and Farsa and objected them to plough the said land. Thereafter, after some altercation, they started assaulting the informant and his family members on which few persons of the informant party have sustained injuries. On the basis of the said written complaint by the informant, the case has been registered under Sections 147/148/149/323/324/307 of the Indian Penal Code. After investigation, the police has submitted charge-sheet under Sections 323/324/307/149/147/148 of the Indian Penal Code against all the aforesaid accused appellants.