SURENDER MAHTHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment dated 21.09.2002 passed by the learned Additional Sessions Judge, Fast Track Court No.-4, Bokaro in Sessions Trial No. 82 of 1993 / T.R. No. 92 of 2002 convicting the appellants under section 148/324/307/149 IPC and sentencing them to undergo S.I. for one year each under sections 148 and 324 IPC and three years under section 307 IPC. However, all the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that the informant-Biranchi Mahtha (PW 6) lodged a farbdeyan stating that his family members and the family members of the accused persons are descendants of the common ancestor and there was a dispute between the female members of both the families over fetching of water from the river bed in the previous evening. When the informant learnt about the quarrel between the female members, he along with his brother went to Mukhia and informed him about the quarrel in writing. The Mukhia assured them to come to the village for inquiry. The informant and his brother returned back to their house and warned the female members of their family not to quarrel with the female members of the accused persons. In the next morning at about 6.00 AM, the informant and his brothers Sharad Mahtha (PW 1) and Kalipado Mahtha called the accused persons and asked them about the dispute between the lady members of both the families, on which the accused persons namely Surender Mahtha went inside his house and came with a Farsa and inflicted Farsa blow on Kalipado Mahtha causing bleeding injury on his head. The informant and his brother Sharad Mahtha tried to rescue his brother Kalipado Mahtha, but in the meantime, the accused Narender Mahtha, Birender Mahtha, Harender Mahtha and Dhirender Mahtha came with Tangi, Rod and Lathi. Narender inflicted. Tangi blow on the head of the informant causing bleeding injury. Accused Birender inflicted Tangi blow on the head of Sarad Mahtha causing fracture injury in his right hand when he tried to save himself. He also fell down on the ground. Harender and Dhirender inflicted Lathi blow on all the three brothers causing several injuries to the informant and his brothers. The occurrence took place just near the door of the house of the informant. The witnesses rushed to the spot after hearing alarm raised by the informant and his brothers. The injured were taken for treatment at State Dispensary where fardbeyan was recorded.

(3.) Mr. R.N. Sahay, learned counsel appearing for the appellants, submitted that there was a case and counter-case for the self same occurrence; and that the parties are relatives; and that there was no intention to cause murder; and that the incident took place due to quarrel between the female members of both the family and during hot exchange of words between the parties, though he is not seriously disputing the occurrence. He further submitted that the incident took place due to sudden provocation and therefore, the accused persons could at best be convicted under sections 334 and 335 IPC. He also relied on Patori Devi & Another vs. Amar Nath & Others, with State of Haryana vs. Amar Nath & others and Jai Narain & Others]. He lastly submitted that the appellants reached at the advance age by now and therefore, it would not be proper to send them back to jail to serve out the balance sentence. He also submitted that though, appellants have remained in jail for about sixteen days only, but they have suffered the prosecution since 1988.