BABULAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 02.01.2002 and order of sentence dated 07.01.2002 passed by Shri Hari Shankar Prasad, Sessions Judge, Giridih in Sessions Trial No. 196 of 1991, by which judgment, the learned Sessions Judge found the accused persons guilty for the offence under Sections 304/149 of the Indian Penal Code and convicted the appellants Babulal Mahto, Bhuneshwar Mahto and Basudeo Mahto (Appellant Nos. 1, 2 and 3) under Sections 304 and 325 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years under Sections 304 of the Indian Penal Code and they have been further sentenced to undergo rigorous imprisonment for three years under Section 325 of the Indian Penal Code, with a direction that both the sentences passed against them will run concurrently.

(2.) THE Prosecution case was started on the basis of fardbeyan given by the informant, Basudeo Mahto (P.W.9) to the A.S.I., Nand Kishore Singh (P.W.12) of Hirodih police station at village Sihodih, stating therein that on 11.12.1990 at about 11.30 A.M. in the morning, the informant, Basudeo Mahto (P.W.9) along with his brother Harihar Mahto (P.W.5), Mahadeo Mahto (P.W.7), Prameshwar Mahto (deceased), Iswar Mahto (P.W.2) and other female members of the house were cutting their paddy crops in their field, when the accused persons, namely, Kishun Mahto, Ritlal Mahto, Narayan Mahto, Baleshwar Mahto, Kartik Mahto, Ram Chandra Mahto, Jiwan Mahto, Jagdish Mahto, Babulal Mahto, Harihar Mahto, Bhuneshwar Mahto armed with Lathi, Danda, Tangi, etc. came to the paddy field and started rebuking as to why they were cutting the paddy crops and when they objected to do so, on the instance of Kishun Mahto, the accused persons surrounded the informant -party and started assaulting them with Lathi, Danda and Tangi. The informant was assaulted by Kishun Mahto with lathi causing injury on his left pakhura, left knee, right hand gutta, forehead and on back. The accused, Babulal Mahto assaulted his brother Prameshwar Mahto with pasa of tangi by which his leg got broken. His other brother, Mahabir Mahto, Harihar Mahto and Iswar Mahto were also injured. They all have sent to Giridih Sadar hospital for treatment. On hearing the hulla, villagers Magister Singh S/o Babu Singh along with others also came and stopped the accused persons, but in course of their mediation, Magister Singh also received injury. Thereafter, on seeing other villagers coming, the accused persons ran away.

(3.) SINCE , the case was exclusively triable by the court of Sessions, learned magistrate after taking cognizance committed the case to the Court of Sessions for trial and subsequently, the case was tried by the Sessions Judge, Giridih and the appellants were found guilty and convicted and sentenced as aforesaid.