- (1.) THE sole appellant, Ganga Mahto stand convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life by judgment dated 28th August2001 in Sessions Trial No. 406 of 1993 by the 5th Additional Sessions Judge, Giridih.
(2.) BRIEF facts leading to this appeal are that the informant P.W. 6 Chhathu Mahto along with P.W. 1, 2, 3, 4, and 5 was bringing harvested Til crops for thrashing towards their Bari in the after noon of 11.11.1992 when in all six accused persons including the appellant surrounded them in Mauza Khudra Garmando, P.S. Sariya. The informant party had grown this crop in their land situated in plot No. 100, Khata No. 2 registered in the name of their mother and deceased Chhakan Mahto. As further stated the appellant along with others assaulted P.W. 3 Prayag Mahto son of the informant Chhathu Mahto on which they raised alarm. According to the informant the deceased Chhakan Mahto arrived at the spot and he was assaulted with tangi by this appellant on his head. The aggressor party further assaulted P.W. 5 Sahdeo Yadav and thereafter fled away. The reason behind this assault was that the appellant has disputed regarding said land belonging to the informant. The informant along with injured persons brought Chhakan Mahto for his treatment to Sariya and got his statement recorded by Saria police at about 9. p.m. same day on the basis of which Sariya P.S. Case No. 264 of 1992 under Sections 147, 148, 149, 307, 324 I.P.C. was registered. The injured persons were forwarded for their treatment, but Chhakan Mahto breathed his last in the morning of 13.11.1992. The police investigated the case and finally submitted charge sheet against six persons under Sections 147, 148, 149, 324, 307 and 302 of the Indian Penal Code. Their case was committed to the court of sessions for trial where the charges were framed on 14.3.1996 and later on modified on 14.8.2001. The appellant Ganga Mahto has been charged under Sections 302 of the Indian Penal Code separately while other accused persons were charged under Section 302/149 of the Indian Penal Code as well as 307/149 of the Indian Penal Code and separately all of them under Section 148 of the Indian Penal Code. The accused persons pleaded not guilty and claimed false prosecution. According to them the informant party has assaulted the accused Munshi Mahto and Gango Mahto the appellant by trespassing in their Khalihan where they had kept Til crops grown on Plot No. 97 and 98 belonging to them. They have brought on record Ext. -A, C.C. of charge sheet in Sariya P.S.Case No. 264 of 1992, Fardbeyan of the said Sariya P.S. case along with formal FIR, Sale deed and three rent receipts marked as Ext. A, B, C, D and E Series. They specifically denied that Chhakan Mahto was assaulted by them and claimed innocence.
(3.) THE learned trial court after examining the witnesses produced from both sides finally concluded that appellant Ganga Mahto was guilty under Section 302 of the Indian Penal Code and acquitted all other five accused persons from all charges vide judgment dated 28.8.2001.;