RAMCHANDRA 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 08.04.2004, passed by learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara, in Sessions Case No. 66 A of 1995/ 55 of 2003, whereby the appellant Ramchandra Mahato has been convicted for the offence committed and punishable under Section 324 of the Indian Penal Code and has been awarded rigorous imprisonment for two years with a fine of Rs. 500/- and in default of payment in fine, to undergo further simple imprisonment for two months. Other appellants namely Ravindra Mahato, Nilkanth Mahato and Indrajit Mahato have been convicted for the offence committed and punishable under Section 323/34 of the Indian Penal Code and have been awarded rigorous imprisonment for six months with a fine of Rs. 500/- and in case of default in payment of fine, to undergo further simple imprisonment for two months. But by the same impugned judgment, the learned trial court has acquitted the appellants of the charge under Section 341 of the Indian Penal Code.

(2.) The prosecution case is based upon the fardbeyan of Gokhul Mahto (P.W.3) recorded by Assistant Sub-Inspector of Police, B.N. Tiwary of Jamtara Police station on 09.12.1993 at 12.30 P.M. at Sub- Divisional Hospital, Jamtara, where the informant has alleged that today i.e. on 09.12.1993 at around 7.00 A.M. his son Ajit Mahato (P.W. 4) went for fishing in his paddy field. Ajit Mahato put a gogghi for catching the fish from where water was draining. It is alleged that covillager Ramchandra Mahato came there and threw the gogghi implanted by Ajit Mahato and put his own gogghi at that place, upon which some altercation took place. The informant was in the adjacent field and on altercation, came there and stopped them. It is further stated that Ramchandra Mahato went to his house and after some time Ramchandra Mahato returned along with Ravindra Mahato, Nilkanth Mahato and Indrajit Mahato having lathi and farsa in their hands. Thereafter, Ramchandra Mahato assaulted the informant by means of farsa on his head, due to which informant sustained bleeding injury. It is further alleged by the informant that accused persons have assaulted the informant and his son Ajit Mahato badly and fled away. Thereafter, the informant and his son Ajit Mahato went to the hospital for treatment, where the informant has claimed before the police that the accused persons have assaulted them with intention to kill.

(3.) On the basis of the fardbeyan of the informant, police has instituted Jamtara P.S. Case No. 263 of 1993 dated 09.12.1993, under Sections 341/ 323/ 324/34 of the Indian Penal Code against four named accused persons.