KALKATTI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals are arising out of common judgment of conviction and sentence passed in Sessions Case Nos.142 of 2000 / 260 of 2002, whereby and whereunder appellants have been convicted and sentenced under Ss. 147 and 302/ 149 of the IPC. Appellant- Kalkatti Mahto, Baleshwar Mahto, Inder Mahto, Sitaram Mahto, Sukhdeo Mahto, Ramdeo Mahto, Ritlal Mahto and Satyanarayan Mahto have also been convicted under Sec. 148 IPC.

(2.) The informant (P.W. 8) is the brother of the deceased. As per the FIR, on 24/6/1999 in the morning at 8 O"clock, his brother left his home in the morning for delivering milk in different households. After sometime, the informant also went to see his agricultural field. While he was in his field, on hulla, he saw that on the Budai Devipur Road, someone was being assaulted by 10 persons and when he rushed there, he saw the appellants conjointly assaulting his brother. Appellant-Ram Deo Mahto was armed with sword, appellant- Satya Narayan Mahto with Farsa and rest of the appellants were armed with lathi, iron rod and pipe. Out of fear, he hid himself behind the bush and only after the appellants thinking his brother to be dead left the place, he went there. He was taken for treatment, but on the way, he succumbed to his injuries.

(3.) On the basis of the written report of the informant, Madhupur P.S. Case No.105 of 1999 was registered against all the appellants under Ss. 147, 148, 149, 341 and 302 of the IPC. Police after investigation found the case to be true and submitted charge-sheet against the appellants who were put on trial for the offences under Ss. 147, 148, 149 and 302 of the IPC.