TAPAN MAHTO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 5th December,2002 passed by the 2nd Additional Judicial Commissioner, Khunti in connection with Sessions Trial Case no. 597 of 1992 corresponding to G.R. Case no. 660 of 1991, Sonahatu P.S. Case no. 54 of 1991, whereby the appellant has been held guilty for the offence punishable under sections 323 of the Indian Penal Code and sentenced to undergo R.I. for six months.

(2.) The case of prosecution, as per written report of PW2 Makhan Lal Mahto, is that on 20.11.1991, at about 7 p.m., when he was at his home suddenly he heard that his father Birbal Mahto raised alarm "run run I am being assaulted" . On hearing the said alarm the informant and his jetha Sobha Mahto reached near peeple tree and saw that Umesh Mahto, Tapan Mahto and Bhakalu Harijan were assaulting father of the informant and Umesh Mahto said to kill his father. When the informant and his jetha tried to save Birbal Mahto they were also assaulted. The father of the informant was assaulted with sticks on his head due to which he sustained head injury. Just then villagers Ram Singh Mahato and Fekna Maahto assembled there and accused persons fled away from there. However, they have seen the incident.

(3.) On the basis of written report of informant PW2, Sonahatu P.S. Case no. 54 of 1991 under Section 307,323,325 I.P.C. was registered against the appellant and others. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Case no. 597 of 1992.