KAJU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS batch of appeals arises out of the judgment of learned 6th Additional Sessions, Dhanbad passed in Sessions Trial Case No. 57 of 1991, whereby 14 accused persons are held guilty under Sections 302 and 149 of the Indian penal Code for committing murder of Ganesh Mahato. They have been also held guilty for the offence under Section 148 of the Indian Penal Code for rioting, being armed with deadly weapons 12 accused persons, namely, Kanchan Mahato Chamu Mahato Gulshan Mahato Haribol Mahato, Lalu Mahato, Jagdish Mahato Jainath Mahato Ratilal Mahato, Shiva Mahato, Mahavir Mahato, Sonarqm Mahato and Jang Bahadur Mahato are further held guilty for the offence under Sections 307 read with Section 149 of the Indian Penal Code for assaulting the informant -Fulchand Mahato and his wife -Sulochana Devi, The said accused persons have been sentenced to undergo life imprisonment for committing murder of Ganesh Mahato with a fine of Rs. 2,000/ - each. They are also sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. Further, 12 accused persons have been sentenced to undergo rigorous imprisonment of 10 years with fine of Rs. 1,000 / - each under Sections 307/149 of the Indian Penal Code.

(2.) THE said judgment has been assailed by the convicts -appellants in different appeals, as appeared in the cause title, The Appellant No. 3 -Haribol Mahato of Cr, Appeal (DB) No. 224 of 2001 died during the pendency of the appeal, There is no application for any representation, The appeal against him, as such, is abated.

(3.) THE prosecution case, in brief, is that on 20th June, 1985 at about 6.00 a.m. Kanchan Mahato was sowing seed in the field, being Plot No. 1712 at village Nagrikala, P.S. Tetulmari, District Dhanbad. Sulochana Devi, wife of the informant, went there and protested, whereupon Kanchan Mahato started abusing and assaulting her. She raised alarm. Ganesh Mahato rushed to rescue her. Accused Jai Nath Mahato, Sanichar Mahato, Chamu Mahato, Gulshan Mahato and Mahavir Mahato armed with Farsa; Haribol Mahato and Raghubir Mahato armed with Tangi, Shiva Mahato, Sona Ram Mahato, Jang Bahadur Mahato and Lalu Mahato armed with Lathi; and Rati Lai Mahato armed with Garasa emerged from the adjacent bush and started assaulting them. Kanchan exhorted to kill them, saying that they were being harassed by them for a long time and this is the opportune moment to finish them. Thereafter, Jai Nath, Kanchan, Gulshan and Rati Lai assaulted Ganesh. Kanchan assaulted him on his hand, leg and thigh, as a result, Ganesh fell down. All the accused persons, thereafter, pounced over him and indiscriminately assaulted him. When the informant -Fulchand tried to rescue his brother, Kanchan, Jai Nath, Rati Lai and Sanichar assaulted him with Farsa. Jang Bahadur and Sona Ram assaulted the informant's wife with Lathi. The informant on receiving injury fell down and became unconscious.