LAKHAN DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The captioned appeals arise out of a common Judgment, hence they have been clubbed and heard together.

(2.) The appellants, of the aforementioned appeals, are aggrieved by the Judgment of conviction dated 3rd March, 2008 and Order of sentence dated 10th March, 2008, passed by the learned 1st Additional Sessions Judge, Chatra, in Sessions Trial No.172 of 2001, whereby, the appellants have been found guilty and convicted for the offences under Sections 302 /149 of the Indian Penal Code, and the appellants namely, Sitaram Dangi and Basant Dangi, have been convicted under Sections 148, 324 and 379 of the Indian Penal Code and appellants Feku Dangi, Jagnarayan Dangi, Prakash Dangi, Lakhan Dangi, Shyamlal Dangi, Tekan Mahto, Mahendra Dangi, Bhikhan Dangi, Chhedi Dangi and Babuni Dangi, have also been convicted under Sections 147 and 323 of the Indian Penal Code. All the appellants have been sentenced to undergo rigorous imprisonment for life for the offences under Sections 302 / 149 of the Indian Penal Code and a fine of Rs.5000/-.The appellants namely Sitaram Dangi and Basant Dangi have been sentenced to undergo rigorous imprisonment for 3 years for the offence under Sections 148, 379 and 324 of the Indian Penal Code. The appellants namely, Feku Dangi, Jagnarayan Dangi, Prakash Dangi, Lakhan Dangi, Shyamlal Dangi, Tekan Mahto, Mahendra Dangi,Bhikhan Dangi, Chhedi Dangi and Babuni Dangi, have been sentenced to undergo imprisonment of one year for the offence under Sections 147 and 323 of the Indian Penal Code. All the sentences were ordered to run concurrently.

(3.) The prosecution case as unfolded in the ferdbeyan (Ext.-P2), of the informant Sukhdeo Mahto (PW-16), is that on 10.07.2000 at 5.00 a.m., the informant along with his family members were ploughing their land. In the meantime the female members of the family arrived with their breakfast. It is alleged that at about 9.00 a.m. Ganpat Mahto, Feku Mahto, Lakhan Dangi, Sitaram Dangi, Basant Dangi, Jagnarayan Dangi, Babuni Dangi, Shyamlal Dangi, Mahendra Dangi, Bhikhan Dangi, Ram Sewak Dangi, Chhedi Dangi, Baldeo Mahto (Since dead) Tekan Mahto, Prakash Dangi variously armed with lathi and farsa after forming an unlawful assembly came at the land and started assaulting the informant and his family members. It is alleged that Babuni Mahto assaulted him with lathi. He somehow managed to escape and hide behind a Sakhua (Oak) tree. He witnessed the occurrence from behind the tree. Out of fear for his life he did not venture to come to rescue of his family members. It is alleged that all the accused persons assaulted Lekho Mahto, Dular Mahto, Birendra Mahto, Dassrath Mahto, Babulal Mahto, Jagdish Mahto, Degan Mahto and Bhimal Mahto (Deceased) with lathi. They also stomped and trampled the stomach of Bhimal. That accused Sitaram Dangi and Basant Dangi authored farsa blows on the arm and head of Sita Devi and Kamli Devi respectively and snatched their gold ear rings and silver necklace of Kamli Devi. It is further alleged that accused Mahendra Dangi, Lakhan Dangi, Shyamlal Dangi and Ram Sevak Dangi surrounded and assaulted Bhimal Mahto with lathi. Ram Sevak Dangi gave the last lathi blow on the head of Bhimal and stomped and trampled the stomach of Bhimal Mahto due to which Bhimal Mahto died. It is alleged that about a week back the accused persons had given life threats to the informant and his family members and forbade them to plough the said land.