DAKHINESWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 26/2/2004, passed by learned Additional District and Sessions Judge, Fast Track Court No. IV, Bokaro, in Sessions Trial No. 173 of 1998, whereby these six appellants have been convicted for the offence committed and punishable under Ss. 323/149, 324/149, 504/149 and 148 of the Indian Penal Code. Appellant No. 1 Dakhineswar Mahto has also been convicted for the offence committed and punishable under Sec. 326 of the Indian Penal Code. The learned trial court has awarded Dakhineswar Mahto rigorous imprisonment for seven years with fine of Rs.1000.00 and in default of payment of fine, further to undergo simple imprisonment for three months for the offence committed and punishable under Sec. 326 of the Indian Penal Code. All the six appellants have been awarded simple imprisonment for two years for the offence committed and punishable under Sec. 324/149 of the Indian Penal Code, simple imprisonment for one year for the offence committed and punishable under Sec. 504/149 of the Indian Penal Code, simple imprisonment for one year for the offence committed and punishable under Sec. 323/149 of the Indian Penal Code and simple imprisonment for one year for the offence committed and punishable under Sec. 148 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of the informant Rajendra Mahto (P.W. 8), before the Assistant Sub-Inspector of Police B.N. Thakur of Pindrajora Police Station in the district of Bokaro on 10/8/1996 at 10.30 Hrs. in Pindrajora market. The informant has alleged that today in the morning at 8.00 A.M., while the informant with his uncle Jyotilal Mahto, cousin Suchand Mahto and Gorachand Mahto were ploughing the bari field near their house for sowing paddy seeds, at that time, the neighbours namely Bharat Mahto @ Sakhon Mahto with lathi came there and started abusing the informant and uncle of informant Jyotilal Mahto and asked them not to plough the same as the land is passage for their ingress and egress. The informant has further stated that informant and his uncle replied that the land belongs to them and as such, they are cultivating the same for sowing paddy seeds, upon which the members of family of Bharat Mahto namely Dakhin Mahto, Bhuna Mahto, Sunil Mahto, Jaleshwar Mahto, Gour Mahto came there having tangi and lathi in their hands. It is alleged that the uncle of the informant Jyotilal Mahto was assaulted by means of tangi on his head causing serious injuries and all other persons have assaulted them by means of lathi. The informant has claimed that the accused persons have attacked upon his uncle with intention to kill by assaulting him by means of tangi on his head.

(3.) On the basis of the fardbeyan of the informant, police has registered Pindrajora P.S. Case No. 77 of 1996 dtd. 10/8/1996, under Ss. 147/ 148/ 149/ 323/ 324/ 307/ 504 of the Indian Penal Code against all six named accused persons namely Bharat Mahto, Dakhineshwar Mahto, Bhuna Mahto, Sunil Mahto, Jaleshwar Mahto and Gour Chandra Mahto.