BADAN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 25.09.2003, passed by learned Additional Sessions Judge, Fast Track Court No. II, Dhanbad, in Sessions Trial No. 425 of 1998, whereby all these appellants have been convicted for the charge and offence committed and punishable under Sections 148, 427 and 323 of the Indian Penal Code and have been awarded rigorous imprisonment for two years, under Section 148 of the Indian Penal Code, rigorous imprisonment for two years for the offence under Section 427 of the Indian Penal Code and rigorous imprisonment for six months under Section 323 of the Indian Penal Code and the sentences awarded are directed to run concurrently. All the appellants have been acquitted of the charge under Sections 307/34 and 149 of the Indian Penal Code by the same impugned judgment.

(2.) The prosecution case is based upon the fardbeyan of Alka Bediya (P.W. 4), recorded by S.I. Prasadi Yadavi of Baliapur Police Station on 104.1998 at 17.00 Hours, at Baliapur Hospital, whereby the informant has alleged that, today i.e. on 104.1998 at around 00 P.M., he was constructing a house under Indira Awas Yojna for Shankar Bediya (P.W. 1), in the meantime, six accused persons namely Nepal Mahato, Badan Mahto, Sadanand Mahto, Arjun Mahto, Shital Mahto and Sona Ram Mahto, came there with iron rod, lathi, tangi and knife and as soon as they reached near the place of occurrence, they demolished the wall constructed under the Indira Awas Yojna. When the informant has made a protest, one of the accused Badan Mahto assaulted the informant by knife causing injury near left eye. Arjun Mahto, Sona Ram Mahto and Nepal Mahto (dead) have caught hold of the informant and Sadanand Mahto and Shital Mahto climbed over the informant and thrashed him. The informant has alleged, that the accused persons are not allowing to construct Indira Awas there and as such, they have committed this offence.

(3.) On the basis of fardbeyan of the informant, police has registered Baliapur P.S. Case No. 43 of 1998, dated 12.04.1998, under Sections 147, 148, 149, 323, 307 and 427 of the Indian Penal Code.