GANGA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Ganga Mahto stand convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life by judgment dated 28th August2001 in Sessions Trial No. 406 of 1993 by the 5th Additional Sessions Judge, Giridih.

(2.) BRIEF facts leading to this appeal are that the informant P.W. 6 Chhathu Mahto along with P.W. 1, 2, 3, 4, and 5 was bringing harvested Til crops for thrashing towards their Bari in the after noon of 11.11.1992 when in all six accused persons including the appellant surrounded them in Mauza Khudra Garmando, P.S. Sariya. The informant party had grown this crop in their land situated in plot No. 100, Khata No. 2 registered in the name of their mother and deceased Chhakan Mahto. As further stated the appellant along with others assaulted P.W. 3 Prayag Mahto son of the informant Chhathu Mahto on which they raised alarm. According to the informant the deceased Chhakan Mahto arrived at the spot and he was assaulted with tangi by this appellant on his head. The aggressor party further assaulted P.W. 5 Sahdeo Yadav and thereafter fled away. The reason behind this assault was that the appellant has disputed regarding said land belonging to the informant.

(3.) THE learned trial court after examining the witnesses produced from both sides finally concluded that appellant Ganga Mahto was guilty under Section 302 of the Indian Penal Code and acquitted all other five accused persons from all charges vide judgment dated 28.8.2001.