KAPIL MAHTO @ KAPILDEO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Arvind Kumar Choudhary, assisted by Mr. Rohit Agarawal, Advocates and Mr. Pravin Kumar Appu, Additional Public Prosecutor appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dated 16.09.2005, passed by 1st Additional Sessions Judge, Deoghar, in Sessions Trial No.55 of 1996/37 of 2005, whereby all the four appellants have been convicted for the offence committed and punishable under Sections 323/34 of the Indian Penal Code and awarded rigorous imprisonment for six months with a fine of Rs. 500/- and in default of payment of fine further imprisonment for one month. By the same impugned judgment learned trial court has acquitted the appellants of the charge, under Sections 324, 326, 307 and 504 of the Indian Penal Code.

(3.) The prosecution case is based upon fardbayen of Dahru Mahto (P.W.-3), recorded in presence of co-villager Bharat Mahto (P.W.-1) and Chigar Mahto (P.W.-2), in injured condition, before the officer in-charge of Sarath Police Station, wherein the informant has alleged, that because of heavy rain fall, wall of his house had fallen down and the soil has been accumulated over the land of Kapil Mahto. At around 7.00 A.M., when informant was removing the soil, from the land of Kapil Mahto, the co-villagers namely Kapil Mahto, Nawal Mahto, Gohan Mahto and Sudhir Mahto, all sons of Late Tiro Mahto, came there having lathi, tangi and barcha in their hands and started abusing the informant and asked the informant, that why he is taking soil, upon which the informant replied, that these soil belongs to him, as part of the fallen wall of the house and also requested the appellants not to abuse him, upon which the Kapil Mahto, having tangi, has assaulted the informant on his head causing bleeding injury. Sudhir Mahto, having barcha, has assaulted the informant on his left hand causing injury. Nawal Mahto and Gohan Mahto assaulted the informant below the elbow by means of lathi causing injury. When the cousin of informant, Chigar Mahto, (P.W.-2) came for rescue, he was also assaulted by Nawal Mahto with lathi, on his head causing injury.