GOUR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 21-8-2002 passed by Additional District and Sessions Judge, FTC IV, Bokaro in Sessions trial No. 269/1990, whereby and whereunder the learned Ses- sions Judge held the appellants guilty and sentenced them to undergo SI for one month under Section 341, IPC, SI for one year un- der Section 148, IPC and RI for three years under Section 307, IPC. However, sentences were directed to run concurrently

(2.) The brief facts leading to this appeal are that in the evening of 15-3-87 the infor- mant Subhas Kalindi and Kalipado Kalindi were returning after taking tea to their resi- dents situated in Mauja Ghaghri, P. S. Candan Kiyari. when all the appellants sur- rounded them and started assaulting mercilessly. According to the informant, Kalipado was assaulted with dagger and axe on his head by appellants Gour Mahto and Sudhir Mahto while others also assaulted both of them with lathi. The incident took place near Shiv Mandir. The informant raised alarm, on which witnesses arrived there but the appellants fled away. The injured were brought to hospital for their treatment where the statement of informant, PW 5 was recorded. According to the informant, this incident took place due to previous enmity regarding land between them.

(3.) The police investigated the case and finally submitted charge sheet against the appellants under various sections including Section 307 IPC. The appellants were charged for the offences, to which they pleaded not guilty and claimed false, prosecution. The learned trial Court after examining witnesses found and held the appellants guilty for the offence under Sections 341, 148 and 307, IPC and sentenced them as aforesaid.