NARENDRA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals arise out of the common judgment passed in Sessions Trial No.314 of 2003 by which the appellants have been convicted and sentenced under Ss. 147, 148, 323, 307/149 and Sec. 302/149 of Indian Penal Code.

(2.) Informant of the case is Buddinath Mahto, who lodged the written report on 17/7/2002, that he along with his younger brother Murlidhar Mahto were fencing their land to prevent grazing of the crop by cattle. In the meantime, these appellants along with Ashok Mahto and Birendra Mahto came and objected to the fencing and started abusing them with an intention to kill. Thereafter, they brought lathi, danda and tangi from their house and conjointly assaulted them. Specific overt act was attributed to Saheshwar Mahto, who assaulted with lathi and Narendra Mahto with wooden handle of the Tangi, resulting in head injury of the informant and his brother. When they fell down, appellants and others continued the assault.

(3.) On the basis of the written report, FIR was initially registered under Ss. 147, 148, 149, 323 and 307 of the IPC against altogether seven named accused person. Murlidhar Mahto succumbed to injury and Sec. 302 of the IPC was added in the FIR.