SADANAND MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the state.

(2.) This Criminal Appeal arises out of the judgment of conviction and order of sentence dated 29th July, 2004 passed in Sessions Trial No. 82 of 1999 by the learned 12th Additional Sessions Judge, Dhanbad whereby the appellants have been convicted for the offences under Sections 148, 324 read with Section 149 of the Indian Penal Code and the learned Court below has been pleased to sentence them to undergo simple imprisonment for six months under Section 148 of the Indian Penal Code, and six months under Section 324 of the Indian Penal Code , both the sentences to run concurrently. Further the appellant Sital Mahato has also been fined for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) and in default of payment of fine, the convict Sital Mahato has been directed to undergo further simple imprisonment of three months.

(3.) The prosecution case in brief has been mentioned in the written report submitted by Tribhuwan Bedia on 15.02.1998. It has been stated that his brother Alka Bedia had received order for construction of road from Pahargora to Bedia Tola. He was involved in the works since last two months which was already completed. On the same day, Nepal Mahato, Sital Mahato, Sadanand Mahato, Sudhir Mahato, Sonaram Mahato, Krishna Mahato, Dhiren Mahato, Ram Nath Mahato, Binod Mahato and Kashi Nath Mahato and 25-30 persons came armed with bomb, pistol and other weapons and started excavating the road and on their protest they said that the land belonged to them and became turbulent. They started damaging the tiles and abusing the lady members of the village. upon this when the aunt of the informant Mira Devi went to the place of occurrence, Sital Mahato and Krishna Mahato assaulted her with farsa as a result she became badly injured and unconscious. Mira Devi was taken to Baliapur Hospital and treated. On the basis of the written report Baliapur P.S Case No. 17 of 1998 under Sections 147, 148, 149, 323, 324, 307 and 427 of the Indian Penal Code was registered against the accused persons.