MARWADI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Miss Amrita Banerjee, assisted by Mr. A. K. Sahani, Advocates and learned counsel for the State, Mrs. Niki Sinha, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 11/9/2003, passed by learned Additional Sessions Judge, F.T.C. No.2, Deoghar, in Sessions Case No. 249 of 2002, whereby, all the above named appellants have been convicted for the offence committed and punishable under Sec. 307/34 of the Indian Penal Code and appellant, Marwadi Mahato @ Marwadi Yadav has further been convicted under Sec. 27 of the Arms Act and awarded Rigorous Imprisonment for five years for the offence committed and punishable under Sec. 307/34 of the Indian Penal Code with fine of Rs.1000.00 and in default of payment of fine to undergo further simple imprisonment for one month and appellant, Marwadi Mahato @ Marwadi Yadav has further been awarded Rigorous Imprisonment for three years for the offence committed and punishable under Sec. 27 of the Arms Act and all the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, fardbeyan of the informant, Khiju Mahto (P.W.10), recorded by Ram Narayan Prasad Yadav, Sub-Inspector of police on 17/3/2002 at 19.00 Hrs., at Sadar Hospital, Deoghar wherein, the informant has alleged, that today(Sunday) at 12.30 Hrs. he was sitting under a Jack fruit tree at village Simra Basmatta, in the meantime, Marwadi Mahato, Bhim Mahato and Sudhan Mahato arrived there and took him near the Banyan tree and told him that their dispute with Nafar Mahto, with respect to Banyan tree situated at Plot No.601, MaujaDumar Kundi, Tola-Basmatta has been resolved and now the Banyan tree is under the share of said Nafar Mahato, which has been purchased by you and you may carry it. On this pretext, the informant called his six labourers to carry the said tree. In the meantime, Sudhan Mahato, Kaleshwar Mahato and Dilip Mahato also came there and all the persons started abusing the informant and when the informant objected, then accused Bhim Mahato ordered to kill him. Upon which Marwadi Mahto with intention to kill, fired from pistol upon the informant, which hit on the left side of back at PAKHUR and blood started oozing from it. The informant has claimed that this occurrence has been witnessed by co-villagers namely, Nakul Mahto, Amrit Mahto, Jagdish Mahto and Ashok Mahto along with six laboureres, who brought him to Sadar Hospital, Deoghar for treatment.