BALRAM MAHTO Vs. STATE OF NOW JHARKHAND

JUDGEMENT

(1.) : Prashant Kumar,J. The appellants, namely, Balram Mahto, Mista Mahto, Sitanath Mahto, Amarnath Mahto, Dhaniram Mahto, Hatia Mahto, Surjan Mahto, Mohar Mahto, Garam Mahto, Sonaram Mahto have challenged the judgment of conviction and order of sentence passed by 1st Additional Judicial Commissioner, Khunti dated 09.07.2001 in Sessions Trial No. 154 of 1990, whereby and whereunder they have been found guilty for the offence under section 302, 302/149 of the I.P.C. and sentenced to undergo imprisonment for life.

(2.) THE case of prosecution in short as per the fardbeyan of P.W. 3 Shiv Charan Mahto is that on 29.5.1987 at about 7.30 p.m. ,informant Shiv Charan Mahto, Ranjit Mahto(deceased), Mangu Mahto ( deceased) and Bisam Mahto had gone for ploughing the lands of informants daughter Balawati. It is alleged that while they were ploughing the land and sowing paddy crops, Sonaram Mahto armed with farsa, Dhaniram Mahto armed with farsa, Balram Mahto armed with lathi, Hatia Mahto armed with farsa, Sitanath Mahto armed with tabla, Misto Mahto armed with farsa, Mohar Mahto armed with bow and arrow, Surjan Mahto armed with farsa, Amar Mahto armed with farsa, Garam Mahto armed with lathi and other 3 -4 persons came from the southern side and surrounded the informant and his companions. It is then alleged that Mohar Mahto assaulted deceased Mangu Mahto with arrow upon which Mangu Mahto fled towards north but Balram Mahto chased him and assaulted him with lathi due to that Mangu Mahto fell down. Thereafter Sonaram Mahto assaulted Mangu Mahto on his leg from the blunt portion of farsa, Dhaniram Mahto had also assaulted Mangu Mahto with farsa due to that he received injury on his leg, Hatia Mahto gave farsa blow on the head of Mangu Mahto and Surjan Mahto assaulted him with farsa. Misto Mahto had assaulted Ranjit Mahto with farsa due to that Ranjit Mahto received injury on his head and fell down, Amar Mahto, inflicted farsa blow on the leg of Ranjit Mahto and Sitanath Mahto inflicted tabla blow on the leg of Ranjit Mahto. Due to the aforesaid assault, Mangu Mahto and Ranjit Mahto received serious injuries and became unconscious. It is alleged that after the aforesaid occurrence, all the accused persons fled away. Ranjit Mahto died on the place of occurrence itself. Whereas when the informant with the help of Ghanshyam Mahto, Dharam Mahto was bringing Mangu Mahto on a cot he died in the way at village Gonda. It is alleged that Sonaram Mahto was trying to take forcible possession of the land of his daughter situated at village Budhadih and due to which the present occurrence took place.

(3.) ON perusal of the impugned judgment, I find that the learned court below had acquitted Duryodhan Mahto, Mirtunjay Mahto, Jagarnath Mahto, Bisheshwar Mahto and Motiram Mahto from the charges leveled against them, however, the appellants were found guilty for the offences under section 302 and 302/149 of the IPC and were convicted and sentenced to undergo imprisonment for life. The present appeal has been filed against the said judgment/order.