BIJAY MAHTO Vs. STATE OF BIHAR ( NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. A.K.Chaturvedi assisted by learned counsel Mr. Hadish Ansari and learned counsel for the State Mr. Azeemuddin, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 06.09.1996 and order of sentence dated 10.09.1996 passed by learned Sessions Judge, Palamau at Daltonganj in S.T. Case No. 352 of 1992 whereby the accused / appellants Bijay Mahto and Amardeo Mahto have been held guilty for the offence committed and punishable under Section 302 I.P.C and sentenced to undergo R.I. for life. During pendency of the appeal, appellant Amardeo Mahto has died and his criminal appeal has abated vide order dated 24.04.2019 passed by this Court.

(3.) The prosecution case is based upon the written report submitted by Ram Bilash Mahto before the Officer-In-Charge of Mohammadganj Police Station on 13.05.1992 alleging inter alia as follows:- Informant has stated that today i.e., 13.05.1992 (Wednesday) in the morning at around 10.00 A.M. he went to his paddy filed known as Jirwatar. As soon as he reached his field, he saw the Babul tree in his share of land (after partition of land in the family) being removed by Bijay Mahto and Amardeo Mahto. Informant asked them not to do so, upon which an altercation took place. In the meantime son of informant Arjun Mahto also came there. After his arrival the altercation took a serious turn and both side started hurling abusive language. It is alleged that in the meantime Bijay Mahto has assaulted the informant by means of lathi on the middle part of the head causing bleeding injury and also assaulted the informant on his left elbow by means of lathi. Informant was also assaulted twice by lathi on his buttock. Informant has further alleged that his son Arjun Mahto was also assaulted by Amardeo Mahto (appellant-abated) by means of lathi on the back side of his head; on the right temple region; on the forehead and buttock. Because of assault made by the accused persons both father Ram Bilash Mahto and son Arjun Mahto fell down on the ground. The occurrence has been witnessed by witness Jago Mahto (P.W.2) and Jugari Mahto (P.W.3) and others.