MAHADEO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants namely, Mahadeo Mahto, Kailash Mahto and Jodhan Mahto have preferred Criminal Appeal No. 1265 of 2003 and the appellants namely, Thanu Mahto and Shankar Mahto have preferred Criminal Appeal No. 1067 of 2013 against the judgment of conviction dated 18.7.2003 and order of sentence dated 19.7.2003 in Sessions Trial No. 346 of 1992 passed by the Additional Sessions Judge, FTC-II, Hazaribagh. The appellants namely, Mahadeo Mahto, Kailash Mahto, Jodhan Mahto, Thanu Mahto and Shankar Mahto have been found guilty of offences punishable under Sections 342, 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 500/- each for the offence punishable under Section 302/34 of the Indian Penal Code and in default of paying the fine, the convicts have been ordered to suffer simple imprisonment for two months. No separate sentence for offence punishable under Section 342/34 of the Indian Penal Code was recorded. The charge for offences under Sections 323, 324, 147 and 148 of the Indian Penal Code failed as the prosecution failed to establish assault on Hitnarayan Mahto and Jugal Mahto beyond reasonable doubt. Accused Tukan Mahto had died during the trial. From the record of the case, it appears that one Hitnarayan Mahto is the informant, who gave his statement at about 15.30 hours on 25.2.1991 at Government Hospital, Chauparan. In the fardbeyan, it is alleged that his brother Jugal Mahto was irrigating the land from the water-well when accused Mahadeo Mahto, Jodhan Mahto, Shankar Mahto, Kailash Mahto, Thanu Mahto and Tukan Mahto came there. The accused Jodhan Mahto started abusing Jugal Mahto and snatched the pot and rope through which Jugal Mahto was drawing water from the well. The informant and his younger brother Rewa Mahto reached there and asserted that the well belonged to them and therefore, they would permit the accused persons to irrigate from the water-well only when there would be excess water, whereupon accused Mahadeo Mahto threatened them and all the accused persons went inside the house. Accused Mahadeo Mahto, Kailash Mahto and Jodhan Mahto armed with sword and accused Shankar Mahto, Thanu Mahto and Tukan Mahto armed with lathi came out from the house and accused Mahadeo Mahto, Kailash Mahto and Jodhan started assaulting Rewa Mahto by sword and injured him. When the informant and his elder brother Jugal Mahto went there, accused Shankar Mahto, Tukan Mahto and Thanu Mahto assaulted his brother Jugal Mahto also with lathi. The accused persons assaulted the informant and his 2 brothers who fell down and started crying for help. On hearing hulla, Ram Sewak Singh, Sudarshan Mahto, Akshaywat Singh, Tulsi Singh, Ashok Mahto and Babulal Mistri reached there and saved them from further assault. Thereafter, people from Daihar village reached there and took all the three injured to hospital on a bullock-cart. However, during the course of treatment Rewa Mahto died.

(2.) On the basis of the fardbeyan of Hitnarayan Mahto, a First Information Report being Chauparan P.S. Case No. 29 of 1991 dated 25.2.1991 under Sections 147, 148, 149, 342, 323, 324, 307 and 302 of Indian Penal Code was registered against the above-named six persons and after the investigation, police fifed charge-sheet against all the accused persons. Charges for the offences under Sections 147 and 323 of the Indian Penal Code were framed against accused Shankar Mahto, Thanu Mahto and Tukan Mahto. Charges for offences under Sections 148, 342 and 324 of the Indian Penal Code were framed against accused Mahadeo Mahto, Jodhan Mahto and Kailash Mahto and charge for the offence punishable under Section 302/34 of the Indian Penal Code was framed against all 6 named accused persons.

(3.) During the trial, the prosecution examined 9 witnesses in support of its case and relied on the inquest report, post mortem report, seizure memo, requisition for medical examination and F.I.R. After the prosecution evidence was closed, statements of the accused persons were recorded under Section 313 of the Code of Criminal Procedure. Three witnesses were examined on behalf of the accused persons. By judgment of conviction dated 18.7.2003 and order of sentence dated 19.7.2003, as noticed above, the accused persons were convicted and sentenced by the Trial Court.