RAJU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appeal is directed against the judgment of conviction dated 20.6.2002 and order of sentence dated 22.6.2002 passed by Shri Rajesh Kumar Dubey, 1st Additional Sessions Judge, Giridih in Sessions Trial No. 103 of 1996, by which judgment he found the appellant Nos. 1 and 3, namely, Raju Mahto and Manger Mahto guilty under Section 307 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years. He also found the appellants 2 and 4, namely, Laldeo Mahto and Jagdish Mahto guilty under Sections 144, 341 and 447 of the Indian Penal Code beside Sections 307/149 of the Indian Penal Code and convicted them to undergo R.I. for 1 year under Section 144 of the Indian Penal Code and convicted them to undergo R.I. for 10 years under Sections 307/149 of the Indian Penal Code.

(2.) IT is submitted by the learned counsel for the appellants that it will appear from the evidence and from the prosecution witnesses that there is admittedly land dispute between both the parties and due to which the appellants have falsely been implicated in this case. The eye -witnesses i.e. PWs 1 and 2, who were not present at the place of occurrence and as such the Trial Court has wrongly convicted the appellants.

(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a written report given on 26.12.1995 at about 14.10 hrs. by the informant, Mukhlal Mahto (PW 6) stating therein that on 26.10.1995, at about 9.00 a.m. in the morning when he was cultivating his field along with his brother, Ganesh Yadav then accused, Raju Mahto, Laldeo Mahto son of Seva Mahto, Manger Mahto, Babulal Mahto and Jagdish Mahto along with Laldeo Mahto son of Manger Mahto, came to the field with variously armed and asked them why they are cultivating their land and said that they will commit their murder and saying so suddenly accused -appellant, Raju Mahto with tangi in his hand gave a tangi blow on the head of Ganesh Mahto. Thereafter, the accused - appellant, Manger Mahto, who had farsa in his hand, gave farsa blow on his head, due to which he fell down on the ground and became unconscious. Thereafter, the accused -appellant, Laldeo Mahto assaulted him on his head, causing injury. Thereafter, Sewa Mahto and Manger Mahto, who had tangi and farsa assaulted the informant and his brother, Ganesh Mahto and Jagdish Mahto, Laldeo Mahto and Babulal Mahto, who had lathi in their hands they assaulted him.