NUNESHWAR MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the appellants has been directed against the impugned judgment and order dated 22-4-1999 and 24-4- 1999 respectively passed in Sessions Case No. 86 of 1984 by Sri Prabodh Ranjan Das, 3rd Additional Sessions Judge, Deoghar whereby and whereunder the appellant was found guilty for the offence punishable under Section 304 Part 1 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for five years and also to pay a fine of Rs. 1.000/- and in default thereof to undergo R.I. for two months and the appellant Kodo Tatawa was found guilty for the offence under Section 323 of the Indian Penal Code and he was released on furnishing bond of ten thousand with two sureties of the like amount each for the period of one year under Section 4 of the Probation of Offenders Act. However appellant Nuneshwar Mahato was not found guilty under Sections 379 and 302 of the Indian Penal Code and the appellant Kodo Tatawa was also not found guilty for the offences under Sections 147, 379 and 302/149 of the Indian Penal Code abd all co-accused persons were acquitted of the charges under Sections 147, 379, 149 and 302, 149 of the Indian Penal Code.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of informant Barka Rout said to be the victim of assault in this case and died subsequently in the night of the occurrence in course of treatment, recorded by S.I. S.C. Das of Deoghar police station in Deoghar Hospital on 28- 10-1980 at 17.00 hours regarding the occurrence which is said to have taken place on that very day at 7.00 hours in the paddy field at Malhari Ahritari in village Chihutiya P.S. Mohanpur District Deoghar and the case was instituted against them by drawing of a formal FIR (Ext. 7) on 29-10-1980 at 12.45 hours which was received on 30- 10-1980 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief is that appellant along with acquitted co-accused persons variously armed with Lathi, Bhala and Hasua came to the paddy field of the informant known as Malhari Aharitari (Chihutiya) and they started harvesting the paddy crop forcibly from the land in possession of the informant and the informant protested to them in respect thereof and at this the appellant Nuneshwar Mahato assaulted the informant by Hasua causing injuries on his both hands and the appellant Kodo Tatawa also assaulted him by Lathi on his both legs. It is alleged that on the alarms raised by the informant Bichhu Rout (not examined), PW-3, Sumita Mahatoin alias Sushila and PW-4, Pano Devi, the brother, daughter and wife of the informant respectively came there to rescue him and the appellant and co-accused persons have also assaulted them and co-accused Doman Mahato snatched silver bangles worth Rs. 400/- from the wrist of PW-4 and the appellant and co-accused persons have removed 15 bundles of harvested paddy from the said field. It is further alleged that PW-1. Bum Shankar Mahato besides Antu Rout and Gauri Shankar Mahato have witnessed the occurrence.