SIBLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 27th April, 2006, and Order of sentence dated 1st May, 2006, passed by the learned Additional Sessions Judge, F.T.C. VII, Hazaribagh, in S.T. No. 117 of 1989, whereby, all these three appellants have been found guilty and convicted for the offences under Sections 302, 307, 149 and 323 of the Indian Penal Code. Upon hearing on the point of sentence, all the three appellants have been sentenced to undergo imprisonment for life for the offence under Sections 302 / 149 of the Indian Penal Code, R.I. for five years for the offence under Section 307 of the Indian Penal Code and R.I. for one year for the offence under Section 323 of the Indian Penal Code, and all the sentences were directed to run concurrently.

(3.) The prosecution case was instituted upon the F.I.R. lodged by the informant Sewal Mahto, the son of the deceased Dharmchandi Mahto, on 18.09.1986 at Barkatha Police Station, in the then District of Hazaribagh, now in the District of Koderma. According to the prosecution case, at about 10.00 A.M. on the same day, the informant along with his father was harvesting the gondli crop, and his paddy field was also being irrigated. The informant went to see the water in the paddy field, and when he saw that the water had been diverted towards the field of Siblal Mahto, he blocked the flow of water towards the field of Siblal Mahto, for bringing the water to his own field, whereupon, Siblal Mahto assaulted him by tangi causing bleeding injury on his head. The informant ran towards the field where his father was working and Siblal Mahto went away to his house. Siblal Mahto again came armed with tangi, along with Parmeshwar Mahto, who was armed with farsa, Ghammandu Mahto (who died in course of trial) armed with bhala and Lokni Devi armed with lathi, and as soon as they arrived there, they started assaulting his father. Siblal Mahto assaulted his father by tangi, Parmeshwar Mahto assaulted his father by farsa, Ghammandu Mahto assaulted his father by bhala and Lokni Devi assaulted his father by lathi badly injuring him due to which he fell down. Thereafter, Parmeshwar again assaulted the informant by farsa causing injury on his face, and the accused persons again assaulted his father and mother, due to which his father died at the spot. Thereafter, the accused persons fled away. It is stated in the F.I.R. that the persons nearby had seen the occurrence. On the basis of the information given by the informant, Barkatha P.S. Case No. 66 of 1986, corresponding to G.R. No. 574 of 1986, was instituted for the offences under Sections 323, 387, 324, 307, 302 / 34 of the Indian Penal Code, against the named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against the aforesaid accused persons and one Kunjal Mahto, i.e., five accused persons in all.