LAKHIRAM MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Above mentioned criminal appeals have been preferred against the judgment of conviction and order of sentence dated 27.03.2004 passed by learned Addl. Sessions Judge, F.T.C.III, Bokaro in connection with Sessions Trial No.394 of 1986 corresponding to Chas (M) P.S. Case No.15 of 1986, G.R. Case No.400(B) of 1986 whereby the appellants have been held guilty for the offence punishable u/s 302/149, 147 and 148 of the I.P.C. and sentenced to undergo R.I. for life and to pay fine of Rs.1000/each u/s 302/149 of the I.P.C. and in default of making payment of fine further imprisonment for six months, two years R.I. u/s 148 of the I.P.C. and no separate sentence u/s 147 of the I.P.C. has been inflicted. The sentences so passed were directed to run concurrently.

(2.) Since appellant Kali Mahato in Cr. Appeal (DB) No.605 of 2004 and appellant Narayan Mahto in Cr. Appeal (DB) No.1299 of 2004 are no more in this world, the appeal preferred by them stands abated.

(3.) The prosecution case, as it appears from the fardbeyan of Bhairo Mahto, recorded on 18.04.1986 at 9.00 a.m. at the clinic of Dr. T.P. Vaishya, Chas (district Bokaro), in brief, is that on 18.04.1986 at about 6.00 a.m. Raso Mahto (father of the informant) had been providing fencing around a jack fruit tree. In the mean time, Lakhiram Mahato, Harilal Mahto and Narain Mahto, armed with lathi reached to the place, caused assault to Raso Mahto as a result he fell down. The accused persons, named above, also started assaulting the deceased by means of bricks and stones. When the informant rushed to save his father, he was also assaulted by Niranjan Mahto, Kali Mahto and Bharat Mahto. Thereafter, other named accused, who are appellants, joined the occurrence to assist former accused and caused assault to other family members of informant. It is disclosed that the appellants, after causing assault, fled away from the place of occurrence. Thereafter the police arrived at the place, injured Raso was taken to clinic of Dr. T.P. Vaishya but he was declared dead. Other injured including the informant were treated in the clinic.