SHIB PRASAD MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appeals arising out of the same impugned judgment; have been heard together and are being disposed of by this common judgment. All the three appellants in both the appeals stand convicted under Sections 302/34 and 307/34 of the Indian Penal Code and they have been sentenced for life under Section 302/34 of the Indian Penal Code and R. I. for seven years and also to pay fine of Rs. 5000/-each under Section 307/34 of the Indian penal Code. In default of payment of fine they will further suffer three months S. I. each. All the sentences have been ordered to run concurrently.

(2.) FACTUAL matrix leading to these appeals are that in the morning of 4-4-1997 the informant P. W. 8 was ploughing his land situated in Mauza Gahanadih, P. S. Gamharia while the deceased Guru Prasad Mahato along with his mother Shanti Mahatain was mending ridge of the fields nearby. As further stated at 7. 30 a. m. appellant Shib prasad Mahato arrived there and asked them not to dig the soil on which Shanti Devi (P. W. 6) asserted her rights claiming the field belonged to them which led to some altercation. Appellant Shib Prasad Mahato went back and came after 20 minutes along with all other appellants carrying arms in their hands. According to the informant, father of the appellants, Gahan Mahato exhorted them to kill Shanti Devi and Guru Prasad mahato on which the appellant Dev Prasad mahato assaulted Shanti Devi with lathi on her head resulting in head injury. Further stated the appellant Rabindra Prasad mahato assaulted Guru Prasad Mahato with sword in his hand on his head. Further all the appellants assaulted Guru Prasad mahato while Shib Prasad Mahato fired from his gun. When the family members of the informant arrived there to protest, they were also assaulted by the appellants variously. According to them the appellants also received some injuries on their persons. Thereafter villagers arrived and brought the injured persons for their treatment in local primary health centre where Guru Prasad mahato breathed his last.

(3.) THE police was informed which arrived at the T. M. H. Hospital, Jamshedpur and recorded the statement of P. W. 8 undergoing treatment there. On the basis of this statement gamharia P. S. Case No. 18 of 1997 was registered under Sections 302, 307,326/34 of the Indian Penal Code and 27 of the Arms Act. The police investigated the case and finally submitted the charge sheet against all the appellants and others. The trial Court after trial found and held these appellants guilty under Sections 302/34 of the Indian Penal Code and 307/34 of the Indian Penal Code and have sentenced as aforesaid. The lady Santoshi Mahatain was acquitted of the charges but convicted under Section 323 of the Indian Penal Code, and released on execution of bond under the probation of Offenders Act.