SANTOSH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant- Santosh Mahto is before this Court in appeal against the judgment of conviction and sentence under Ss. 302, 307 and 324 of the IPC. Appellants- Dwarika Mahto and Mohini Devi are before this Court in appeal against the judgment of conviction and sentence under Ss. 307 and 324 of the IPC.

(2.) Informant is the father of the deceased. As per the FIR, on 25/3/2001, in the morning at around 8:00 a.m. he was digging foundation in the courtyard of his house for construction of house. Dwarika Mahto with Trishul, Santosh Mahto with sword and his wife Mohini Devi with a Tangi entered into the house and opposed the digging of foundation. This led to hot exchange between both sides and the son of the informant namely Binod, Niwaran (deceased) and his wife and daughter also came there. Santosh Mahto with sword inflicted bleeding injuries to Binod Mahto and Niwaran Mahto, when wife of informant and his daughter came to their rescue, they were also injured by Dwarika Mahto with Trishul and his wife inflicted Tangi blow on them, resulting in critical injuries. The injured were taken for treatment to Dhanbad Hospital and during course of his treatment, Niwaran Mahto died on 26/3/2001.

(3.) On the basis of the fardbeyan, Baghmara (Mahuda) P.S. Case No. 57/2001 was initially registered under Ss. 341, 323, 324, 307, 448/34 of the IPC against all the three named accused persons which was later amended by adding Sec. 302 of the IPC. Police on investigation, found the case true and submitted charge sheet. The accused persons were jointly charged for the offences under Ss. 341, 448, 324, 307 and 302 of the IPC.