BABAJI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the state.

(2.) Appellants are aggrieved by the judgment of conviction and order of sentence dated 27.2.2003 passed by learned Additional Sessions Judge, Fast Track Court No.2, Deoghar in Sessions Case No. 349 of 2001 whereby and whereunder all the appellants were convicted under sections 148/341/323/307/149 of IPC and sentenced to undergo R.I. for five years and fine of Rs. 5000/- each, in default of payment of fine S.I. for one year u/s 307/149 IPC. The appellants were further sentenced to R.I. for two years u/s 148 IPC, S.I. for one month u/s 341 IPC and R.I.for one year under section 323 of IPC. It was also ordered that 60% of the fine amount deposited shall go to the informant of the case. All the sentences were directed to run concurrently.

(3.) The prosecution case as per the written report of the informant Bacchu Yaddav PW-10 is that on 14.7.2001 at 8:30 a.m. he along with his father, elder brother Ram Deo Yadav and mother Reshmi Devi were working in the field of Plot no. 1052 under J.B. No.10.In the mean time all the accused persons or appellants herein armed with farsa, tangi and rod came at the place of occurrence and told the informant's father to stop ploughing the field. On his father's denial, the accused Babaji Yadav and Maheshwar Yadav ordered to kill and bury the informant side.Thereafter accused Babaji Yadav inflicted four-five farsa blows upon the informant's father as a result he sustained injuries on his forehead and hand.Thereafter accused Jugal Yadav assaulted informant's father from behind with tangi on his head as a result he fell down. Then accused persons assaulted informant's brother Ram Deo (PW-2) and mother Reshmi Devi(PW-6) as a result both of them sustained injuries . When the informant went to save them, accused persons assaulted him with rod on his head which he resisted by his hand and hence he sustained injury on his hand. Thereafter, accused Maheshwar Yadav assaulted him by farsa on his forehead twice and then Jugal assaulted him by tangi on his head and he fell down. The reason for the aforesaid incident as stated by the informant is said to be land dispute.