MEGHAN MAHTO Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by the appellants Meghan Mahato and Dasrath Mahato against the judgment and order of conviction and sentence dated 29th April. 1994/2nd May, 1994, passed by the learned 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 21/1993, whereby and whereunder, they have been convicted and sentenced to undergo imprisonment for life under Section 302/34, IPC, with further sentence to undergo rigorous imprisonment for a period of three years under Section 324/34, IPC. Both the sentences were ordered to run concurrently.

(2.) At this stage, it may be mentioned that Meghan Mahato (A 1) is father of Dasrath Mahato (A 2). Chandar Mahato is the deceased, whose uncle is Meghan Mahato (A 1) and Dasrath Mahto (A 2) is the cousin brother of deceased, Puran Mahato (PW 9), the informant is brother of the deceased i.e. nephew of Meghan Mahto (A 1) and cousin of Dasrath Mahato (A 2).

(3.) The brief case of the prosecution, as per informant (PW 9) is that on 27th September, 1992 his cousin Mohan Mahato Pandey, son of Meghan Mahato and wife of the other cousin Dasrath Mahato started cutting grass in the joint land in the portion of informant's share situated towards north of his house. His (informant) sister Sahaba Devi (PW 7) forbed them from cutting grass from their side, whereon the other side started abusing. Thereafter the abuse took place between the parties. The next date i.e. on 28th September, 1992 in the noon, one Ojha came to the house of the informant for charming his sister by incantation iJharphook). At that stage, the informant found Galia Devi forbedding the Ojha from doing Jharphook and stated that he (Ojha) may do so (Jharphook) of all the villagers, but not the other party. On this issue, both the parties again started abusing each other which continued.