SHIV PRASAD MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State. 1. The instant Criminal appeal is directed against the Judgment of conviction dtd. 22/7/2002 and order of sentence dtd. 23/7/2002 passed by learned Additional District and Sessions Judge-II, Garhwa, in Sessions Trial No.125/1999 (arising out of Garwha P.S. Case No. 240 of 1998 and G.R. No. 804 of 1998 whereby and whereunder the appellants have been convicted under Ss. 302/149 and 307/149 of the IPC and sentenced to undergo imprisonment for life under Sec. 302/149 of the IPC and RI for ten years under Ss. 307/149 of the IPC. Both the sentences were ordered to run concurrently.

(2.) As per the FIR, informant Sanjay Mahto (PW-4) was ploughing his field by tractor on 24/12/1998 at 4:00 O"clock in the evening. His father Krishna Mahto was doing spade work in the same field and his mother was standing there with seeds of wheat for sowing in the field. In the meantime, his agnates namely Shiv Prasad Mahto, Manijar Mahto, Barku Mahto, Harihar Mahto, Ram Prawesh Mahto, Jag Mohan Mahto, Awdesh Mahto, Jai Prakash Mahto and Bhagat Raj Mahto (all the appellants) came there armed with garasa, sword, lathi and tangi etc. and opposed the informant's family for sowing seeds of wheat in the field. At this, they did not stop or relent. Thereafter, the informant and his father were attacked by the accused persons and when his mother came to his rescue, she was also assaulted by them. Specific overt act has been attributed to Shiv Prasad Mahto and Manijar Mahto who were armed with garasa, Harihar Mahto who was armed with sword whereas the other accused persons were armed with lathi. The informant was critically injured and admitted in hospital. His mother was also inflicted with Garasa blow by Manijar Mahto. The genesis of offence has been stated to be land dispute which was in cultivating possession of informant.

(3.) On the basis of the fardbeyan, Garwha P.S. Case No. 240 of 1998 was registered against the appellants under Ss. 147, 148, 149, 323, 324, 307 and 302 of the IPC. After investigation, Police submitted charge-sheet and cognizance was taken and the appellants were put on trial for the offence under Ss. 302/149, 307/149 and 147 of the IPC.