RADHE MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the appellants Radhe Mahato and Basudeo Mahato, against the judgment of conviction dated 18th December, 2003 and order of sentence dated 19th December, 2003 passed by Additional Sessions Judge, Fast Track Court III, Giridih in Sessions Trial No.344 of 1994, whereby both the appellants have been convicted under Sections 323 and 307 of the Indian Penal Code and appellant Basudeo Mahato has further been convicted for the offence punishable under Section 324 of the Indian Penal Code. The learned trial court has awarded rigorous imprisonment for five years and fine of Rs.3000/- under Section 307 of the Indian Penal Code and rigorous imprisonment for three months for the offence punishable under Section 323 of the Indian Penal Code to both the appellants. So far appellant no.2 Basudeo Mahato is concerned he has been awarded rigorous imprisonment for two years and fine of Rs.2000/- for the offence punishable under Section 324 of the Indian Penal Code. Appellant, Basudeo Mahato has been directed to pay fine of Rs.5000/- and appellant, Radhe Mahato has been directed to pay fine of Rs.3000/-, which will be paid to the injured, Janardan Prasad Verma. In case of default in payment of fine, appellant, Radhe Mahato will further undergo imprisonment for a period of 1' years and appellant, Basudeo Mahato will further undergo rigorous imprisonment for a period of two years. Both the sentences are directed to run concurrently, except so far fine is concerned.

(2.) The prosecution case is based upon the fardbeyan of Janardan Prasad Verma (P.W.4), recorded by A.S.I., S.B. Mishra of Jamua Police Station on 26.10.1993 at 17.30 Hours where informant has alleged that, while he was going for treatment to Giridih, he met Assistant Sub Inspector of Police of Jamua Police Station and disclosed, that on 26.10.193 at around 3.00 p.m., while informant was going to appear in B.A. practical examination from his house to Giridih, he saw that his elder brother, Nilkanth Prasad Verma was assaulted by Radhe Mahato (appellant no.1) and Basudeo Mahato (appellant no.2) by fists and slaps. Informant has stated, that he went to intervene into the matter upon which, both the appellants became angry and started abusing. It is alleged that appellant (Basudeo Mahato) has assaulted him (informant) with blunt part of Tangi and appellant (Radhe Mahato) has assaulted him (informant) with Lathi on head, right shoulder and other parts of the body, due to which informant sustained injury and fell down. The neighbourer came and saved him. The informant has alleged that Hulas Mahato (father of Radhe Mahato) had asked for tobacco from his brother due to which altercation took place. On the basis of fardbeyan of Janardan Prasad Verma, Police instituted station diary entry no.572/93 dated 26.10.1993 and after receipt of injury report, the Police instituted Giridih (Sadar) P.S. Case No.166 of 1993 dated 26.10.1993, under Sections 323, 324 and 307 of the Indian Penal Code. After investigation, Police submitted charge sheet vide no.14/94 dated 31.01.1994 under Sections 323, 324 and 307 of the Indian Penal Code.

(3.) The cognizance of the offence has been taken and the case has been committed to the court of Sessions, where charge has been framed under Sections 323 and 307 of the Indian Penal Code against both the appellants Radhe Mahato and Basudeo Mahato and specific charge under Section 324 of the Indian Penal Code against appellant, Basudeo Mahato, has been framed on 18.04.1996. The appellant pleaded their innocence and thus, they were put under trial.