DUKHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Fourteen persons were named as accused by Khageshwar Mahato, son of the deceased, in his fard-beyan which was recorded on 20.11.1993 at village-Nasiya Jirwagarha Tand, on the basis of which Nawadih P.S Case No.87 of 1993 was lodged against them. Twelve persons, namely, Bhim Mahato, Durga Mahato, Dukhan Mahato, Dhaneshwar Mahato, Panu Mahato, Kewal Mahato, Dhanu Mahato, Mangar Mahato, Kishun Mahato, Nun Chand Mahato, Baleshwar Mahato and Deg Lal Mahato have faced the trial on the charge under sections 147, 148, 379 and 302/149 of the Indian Penal Code; the accused, namely, Rup Lal Mahato died after a common charge was framed against the accused persons vide order dated 16.09.1996.

(2.) The appellants along with Bhim Mahato and Durga Mahato have been convicted and sentenced to R.I for life under section 304 Part-I r/w section 149 of the Indian Penal Code and they have also been convicted and sentenced to R.I for Six months under section 147 and section 148 of the Indian Penal Code. However, they have been acquitted of the charge under section 379 of the Indian Penal Code.

(3.) The convicts, namely, Bhim Mahato and Durga Mahato have preferred Criminal Appeal (D.B) No.219 of 2001, which, by an order dated 08.07.2019, on their death, has been dismissed as infructuous.