PAWAN MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment of conviction and order of sentence dated 16th June, 2003, passed by the learned Court of 1st Additional Sessions Judge, Saraikella in S.T. No. 52/1992, whereby and where under, the learned Court of 1st Additional Sessions Judge has been pleased to convict the appellant for the offence under Sec. 324 of the Indian Penal Code and sentenced the appellant to undergo simple imprisonment of 3/2 years and Rs. 1,000.00 by way of fine for the offence under Sec. 324 of the Indian Penal Code and he further was sentenced to simple imprisonment for one month in default of payment of fine.

(2.) Prosecution case, as given in the fardbeyan of Sarad Chandra Mahto, son of Ganesh Mahto of village Baradhouladth, PS Rajnagar. District-Singhbhum, recorded by ASI. R.B. Singh of Rajnagar police station on 26.08.91 at 22:15 hours it PHC Rajnagar, is that the said Sarad Chandra Mahto on Monday at around 10:15 p.m. has given his statement and he has stated that he was going home at around 5:00 p.m. after returning from his agricultural field and when he reached near the house of Dewa Mahto then he saw that Hari Mahto and Mohe Mahto aere fighting with each other. Then he went to make peace between them and when he told them to desist from fighting, they got into altercation with him and said because of this cheat, our disputes keep taking place and so kill him. Just then, from the same village Makru Mahto and Pawan Mahto both came, carrying iron rod and stick respectively and started assaulting him. Makm Mahto came with Tawla (sharp cutting weapon) and said that today his life will be taken and assaulted him on his head, due to which, he fell down on the ground. He tried to stop him but even then the weapon struck him and blood started flowing from his head. He was also assaulted by others with sticks. Then other villagers, namely, Dewa Mahto and others came and saved him. Reason for the altercation is that Dukhu Mahto's daughter is having relationship with his son Shankar Mahto.

(3.) On the basis of the Jardbeyan of Sarad Chandra Mahto, Rajnagar P.S. Case No. 60/1991, under Sections 323/324/341/307/34 of the Indian Penal Code was registered against the five accused persons.