BAIJNATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 326/34 I.P.C. and sentenced to R.I. for five years by a judgment dated 11.4.2000 and 13.4.2000 passed by the 4th Additional Sessions Judge, Chapra in Sessions Trial No.94 of 1984.

(2.) THE case of the Informant Etwarchan Mahto is that on 9.4.1982 while he was collecting bricks for getting the veranda of his house constructed, the accused Baijnath Mahto came there and told him not to collect the bricks. An altercation arose between the two, whereafter Baijnath Mahto went to his house and came back with a farsa and assaulted the Informant, which caused injury on the head. Thereafter the accused Suresh Mahto also assaulted with a Dab on his hand. When the Informant raised an alarm his brother Sheo Nandan Mahto came there, who was assaulted by Suresh Mahto with a Dab on his head and by Baijnath Mahto on his hand by farsa. When witnesses Baleshwar Mahto and Shrikishun Mahto came, they were also assaulted by their weapons. They fled away after the assault.

(3.) P .W.1 Baleshwar Mahto corroborated the statement of the Informant and P.W.5 stated that the accused had assaulted the Informant and thereafter him by means of farsa and Dab. P.W.2 Shrikishun Mahto, P.W.3 Beni Mahto and P.W.4 Harendra Mahto have further corroborated the prosecution story. P.W.6 Dr. Praveen Kumar examined the four injured persons on the said date. On examination of the Informant Etwarchan Mahto he found one lacerated simple wound on his head and that on P.W.2 Shrikishun Mahto a grievous wound and a simple injury and that on P.W.1 Baleshwar Mahto he found one incised grievous wound and four simple injuries and on the person of Sheo Nandan Mahto, now dead, some injuries which are now not relevant.