POKHAL MAHTO AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 15.12.2009 passed by the 1st Additional Sessions Judge- cum-Special Judge, Koderma in connection with T.R. Case No. 18 of 2009 arising out of Markacho P.S. Case No. 41 of 2003, G.R. No. 289 of 2003 whereby and whereunder appellants were sentenced to undergo R.I. for one year under Sections 147/148/323 and 354 of the Indian Penal Code, and further R.I. for two years under Sections 3(iv),3(v) and 3(xi) of S.C. /S.T. (Prevention of Atrocities) Act, 1989 and all the sentences were directed to run concurrently.

(2.) The case of the prosecution as per written report of the informant Arjun Das, PW-7 was that Khata No. 107 Plot Nos. 2095 and 2193 total area 4.35 decimals was settled to his father late Doman Rabidas and uncle Dhokal Rabidas and Others by Anchal Office as Harijan Settlement. The rent receipt has also been issued uptil 2003. They reclaimed the land for cultivation. It is further alleged that on 11.6.2003 the informant along with his wife Dulari Devi, brother Duga Das and his wife Rohani Devi and bhabhi Geeta Devi were sowing paddy in the aforesaid land. In the mean time accused Pokhal Mahto armed with sword, Ritu Mahto armed with farsa, Tipan Mahto armed with garasa and other persons armed with lathi danda came with intention to kill them. Accused Pokhal Mahto gave blow by means of sword upon his left hand causing bleeding injury. Accused Ritu Mahto assaulted to Durga Das and Geeta Devi by means of farsa and they also sustained injury. Accused Tipan Mahto gave garasa blow upon Rohani Devi and she also sustained injury. It is further alleged that the accused persons also assaulted the informant and he became unconscious. On hulla, the persons who were working near the place of occurrence came, then the accused persons fled away by giving threat to the informant to kill them. The accused persons have intention to dispose the informants who are the Harijans. The injured persons were carried to the hospital by the villagers and the informant was brought at police station.

(3.) On the basis of the written report formal FIR was drawn. Investigation was launched. It concluded in the charge sheet. Cognizance was taken.