DASU 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 Judgment of conviction and Order of sentence dated 22nd of January, 2004, passed by the learned Additional Judicial Commissioner, Fast Track Court-IX, Ranchi, in Sessions Trial No. 345 of 1988, whereby, all the appellants have been found guilty for the offence under Section 148 of the Indian Penal Code. Appellants Dasu Mahto and Lal Mahto have been found guilty for the offence under Section 302 of the Indian Penal Code and all the other appellants have been found guilty for the offence under Sections 302 / 149 of the Indian Penal Code. The appellants Bishwanath Mahto @ Basanu Mahto, Krishna Mahto, Dasu Mahto and Mahendra Mahto have also been found guilty for the offence under Section 323 of the Indian Penal Code and the rest of the appellants have been found guilty for the offence under Sections 323 / 149 of the Indian Penal Code and they were convicted for the same. All the appellants were acquitted of the charge under Sections 307 / 149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants Dasu Mahto and Lal Mahto were sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code and the rest of the appellants were also sentenced to undergo imprisonment for life for the offence under Sections 302 / 149 of the Indian Penal Code. The appellants Bishwanath Mahto @ Basanu Mahto, Krishna Mahto, Dasu Mahto and Mahendra Mahto were sentenced to undergo R.I. for one year for the offence under Section 323 of the Indian Penal Code and the other appellants were sentenced to undergo R.I. for one year for the offence under Section 323 / 149 of the Indian Penal Code. All the appellants were further sentenced to undergo R.I. for 3 years for the offence under Section 148 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The prosecution case, was instituted on the basis of the F.I.R. lodged on 5.7.1987 at about 10.00 P.M., in the night at Silli Police Station, by the informant Hriday Nath Mahto, the cousin of the deceased Paresh Nath Mahto, wherein it is stated that the occurrence had taken place at about 5.00 P.M. in the evening on the same day, while the informant Hriday Nath Mahto and his brother Uday Mahto were repairing the leaking roof tiles of their house, situated in village Sali Sareng, P.S. Silli, District Ranchi, when 13 named accused persons, including these 12 appellants and one Birbal Mahto came there, armed with tangi, balua, (sharp cutting weapons) bow, arrow etc., and they starting pelting stones by ghumcha (a stone throwing object locally made by rope), whereupon his elder cousin, Paresh Nath Mahto told them not to quarrel as the suit for land was pending in the Court, and they would abide by the decision of the Court. In the meantime, the accused Lal Mahto, who was armed with arrow, shot an arrow upon him, which pierced in his stomach, due to which he fell down. The informant and his brother, who were on the roof, came down to save their cousin, whereupon Dasu Mahto and Mahendra Mahto assaulted the informant and Krishna Mahto and Basanu Mahto assaulted his brother Uday Mahto on their neck, head etc., by balua and tangi, whereupon they ran away to save themselves, and the accused persons dragged Paresh Nath Mahto to their bari, where all of them assaulted him by tangi, farsa etc., and beheaded him, causing his death at the spot. The occurrence was seen by his nephew Ram Chandra Mahto, the daughters and wife of the deceased and other persons. Some persons also assembled at the place of occurrence, who were informed about the occurrence. As to the cause of occurrence, it is stated that there was dispute for the house, which was being repaired by the informant, as their father had purchased the land from the father of the accused Lal Mahto through an un-registered patta. The accused persons were claiming the land to be their own and all the accused persons forming unlawful assembly, armed with deadly weapons had assaulted the deceased to death and had also assaulted and injured the informant and his brother with intention to cause their death. On the basis of the F.I.R., Silli P.S. Case No. 45 of 1987 corresponding to G.R. No. 1827 of 1987 was instituted, for the offences under Sections 147, 148, 149, 447, 324, 307, 342 and 302 of the Indian Penal Code, against 13 named accused persons, including the appellants, and investigation was taken up. After investigation, the police submitted the charge-sheet in this case. It may be stated that one of the accused, namely, Birbal Mahto, died during the pendency of the trial.