LAWS(JHAR)-2019-5-54

RATAN MAHTO Vs. STATE OF JHARKHAND

Decided On May 14, 2019
Ratan Mahto Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 17.02.2003 and 18.02.2003 respectively passed in S.T. No. 118 of 2002 by learned Sessions Judge, Seraikella-Kharsawan at Seraikella whereby and whereunder the appellant has been convicted under section 307 and 341 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for seven years for the offence under section 307 of the Indian Penal Code. No separate sentence was passed against the appellant under section 341 of the Indian Penal Code. .

(2.) The prosecution case as per the fardbeyan of the informant Sudan Mahato ( P.W. 5) is that on 22.04.2002 he and his cousin brother Sristi Mahato ( P.W. 1) were going to the house of one of his relative Ghasi Mahato of Kalapatar in the evening to attend an invitation there. In the evening at about 7-7.30 p.m. they reached near the house of Dulal Mahato at the village Kolaguju then the accused Ratan Mahato came there armed with bhujali and surrounded both the brothers and said he would not allow them to go as the way is closed. The informant protested on which accused assaulted the informant with bhujali repeatedly as a result he sustained injury and fell down. On hulla of Sristi Mahato villagers rushed there and saved him.

(3.) On the basis of the fardbeyan of the informant Saraikella P.S. Case No. 30 of 2002 was registered against the accused. After investigation charge sheet was submitted, cognizance of the offence was taken and the case was committed to the court of sessions. At the conclusion of the trial, accused or appellant was convicted and sentenced as aforesaid. Hence, this appeal.