RADHA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the appellants, named above, have preferred this appeal against the judgment and order of conviction and sentence dated 31-5-2002 and 1-6-2002 respectively, passed by Sri Ishwari Prasad, learned 1st Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 296 of 1996, whereby and whereunder, he has convicted all the appellants under Section 302/34, I. P. C. and sentenced to undergo life imprisonment and further he has convicted appellant No. 2 Naresh Mahto under Section 323, I. P. C. and sentenced him to undergo simple imprisonment for one month. The sentences in respect to appellant No. 2 Naresh Mahto were ordered to run concurrently.

(2.) The prosecution case, in brief, is that the informant Guno Ram Mahto (not examined) in his Fard Beyan (Ext. 1), recorded on 9-5-1996 at 22.30 hours at Rajrappa Project Out Post by S. I. A. K. Sahay, has alleged that on 9-5-1996 at 2.00 p.m. in presence of Panchayat Up-Mukhiya Jainath Mahto (not examined), Sarpanch Khirodhar Ganjhu (PW 4) and other villagers, the land adjacent to the house of the informant was being measured by the Amin as there was some dispute in between the informant and appellant-Radha Mahto. In course of measurement at about 5.00 p.m. appellants-Radha Mahto, Asheshwar Mahto, Naresh Mahto and Tunnu Mahto started abusing the informant and rushed to their home and soon thereafter, Radha Mahto, armed with Farsa, Asheshwar Mahto, armed with axe, and Naresh Mahto and Tunnu Mahto, both armed with Lathi, came to the place of occurrence. Appellant-Radha Mahto gave Farsa blow on the head of Ramji Mahto (father of the informant) whereafter Ramji Mahto, on being injured, fell down. Appellant-Asheshwar Mahto gave axe blow on the head of Ramji Mahto. When the informant, his elder brother Mani Ram Mahto (PW 3) and younger brother Manki Mahto (PW 5) went to rescue their father, then all the above-named four accused assaulted and injured them. The father of the informant died at the spot. Appellant-Tunnu Mahto alias Jaleshwar Mahto was separately tried by the Juvenile Justice Court. All the appellants were charged under Section 302/34, 307/34 and 324/34 of the Indian Penal Code. The learned 1st Additional Sessions Judge, Hazaribagh, having considered the evidence of eight witnesses, produced by the prosecution and Ext. A (F. I. R.), based on the Fard Beyan of Asheshwar Mahto, convicted all the three appellants under Section 302/34 of the Indian Penal Code, while acquitted them for the charge under Sections 307/34 and 324/34 of the Indian Penal Code. He further convicted appellant-Naresh Mahto under Section 323 of the Indian Penal Code and sentenced him to undergo simple imprisonment for one month. However, sentences in respect to appellant-Naresh Mahto were ordered to run concurrently.

(3.) Assailing the judgment and order of conviction and sentence, passed against these appellants, the learned counsel has submitted that they have been falsely implicated in this case due to land dispute in between the parties and the prosecution has failed to bring home the charges, levelled against them. The informant has not been examined in this case and the I. O. was partially cross-examined and hence the appellants could not take any contradictions, causing prejudice to them. Measurement of land was being made to settle the dispute in between the deceased and the appellant-Radha Mahto. In course of measurement, altercation took place and at a spur of moment, Ramji Mahto was assaulted with Farsa and axe, resulting his death, while injuring the others. There was no intention on the part of the appellants to cause murder of Ramji Mahto. Hence it attracts Part II of Section 304 of the Indian Penal Code.