JATLU MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, who are A-1 to A-10, were put on trial before the Additional Sessions Judge, Godda in Sessions Case No. 234 of 1988. They were charged under Sections 302/34, IPC as also under Section 324 and 325 IPC on the allegation that at 8.00 a.m. on 9-6-1984, they, in furtherance of their common Intention, caused injuries to Sahdeo Mahto (PW. 1), Raghunath Mahto (PW.2), Ram Charitra Mahto (PW.3), Harihar Mahto (PW.4), Basuki Mahto (PW.6), Premlal Mahto (PW.7) and that during the course of the said transaction, they caused injuries to Upendra Mahto resulting in his death. The trial Judge, on the basis of oral and documentary evidence, found all the appellants guilty and sentenced each one of them to imprisonment for life. The present appeal is against the said conviction and sentence.

(2.) The learned trial Judge also found appellant Raghunath Mahto (A-2) guilty under Section 325 IPC and sentenced him to suffer two years' R.I., while he found appellant Nandkeshwar alias Nankishore Mahto (A-9) guilty under Section 324, IPC for which he was sentenced to suffer imprisonment for one year.

(3.) The facts of the case are : PW.1 Sahdeo Mahto, PW.2 Raghunath Mahto, PW.3 Ram Charitra Mahto, PW.4 Harihari Mahto, PW.6 Basuki Mahto, PW.7 Premlal Mahto, PW.9 Gaur Mahto, PW. 11 Shanti Devi as well as the deceased Upendra Mahto were resident of the same village in which the accused persons were residing. There was a Mahua tree on the ridge of the land which was in enjoyment of the two parties. The accused party as well as the deceased party were claiming ownership and right of enjoyment over the same on account of which there used to be quarrel between the parties.