RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Heard Mr. P. S. Dayal learned counsel for the appellants and Mrs. Vandana Bharti, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 20.09.1996 (sentence passed on 25.09.1996) passed by Sri Ram Nath Ram Mahto, learned 1st Additional Sessions Judge, Dhanbad in S.T. No. 205 of 1983 whereby and where under the appellants have been convicted for the offences under Sections 302/149 and 307/149 I.P.C and have been sentenced to rigorous imprisonment for life. The appellant no. 2 has additionally been convicted under Section 148 I.P.C and has been sentenced to rigorous imprisonment for 2 years, while the appellant nos. 1, 3 and 4 have been further convicted under Section 147 I.P.C and have been sentenced to imprisonment for 1 year. All the sentences were directed to run concurrently.

3. During the pendency of this appeal, the appellant nos. 1 and 3 had died and therefore this appeal stood abated against the appellant no.1 (Jagdish Mahto) and appellant no. 3 (Sardhu Mahto) vide order dated 01.07.2024.

4. The prosecution case arises out of the Fardbayan of Arjun Prasad Pandey, recorded on 28.05.1979 in which it has been stated that on 27.05.1979 at 6.00 p.m., Baijnath Mahto had come to the place of Jugal Kishore Pandey for some work and at 7.00 p.m. when his work was finished, Baijnath Mahto had asked the informant to accompany him to his village. The informant and Baijnath Mahto thereafter left for the village of Baijnath Mahto and at 7.15 pm when they reached the unmetalled road at Tola Ujariyadih, 20-25 persons variously armed had come out from the bushes and surrounded them. It has been stated that Pati Mahto, Jagdish Mahto, Awdhesh Mahto and others started abusing and instigating the rest persons to commit assault. Pati Mahto had an axe, Awdhesh Mahto had a Bhakua and the rest accused persons had Lathis. Pati Mahto had assaulted Baijnath Mahto with an axe on his head and Awdhesh Mahto also assaulted him on his head with a Bhakua as a result of which Baijnath Mahto fell down on the ground after which the rest accused persons assaulted him. When the informant tried to save Baijnath Mahto, he was also assaulted by the accused persons. The informant thereafter fled away from the place of occurrence and rushed towards the house of Baijnath Mahto and disclosed about the incident and thereafter he fell down. When the villagers had assembled, the accused persons fled away. The reason for the occurrence is that Baijnath Mahto was preventing the villagers from constructing a school as he was himself constructing his own house in the said land.

Based on the aforesaid allegations, Baghmara P.S. Case No. 26 of 1979 was instituted. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 205 of 1983. Charge was framed against the accused under Sections 302/149, 307/149, 147 and 148 I.P.C which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 9 witnesses in support of its case.

6. P.W.1 Arjun Prasad Pandey is the informant who has stated that on 27th May 1979, he was accompanying Baijnath Mahto to Ujariyadih and at 7.00-7.15 pm when they reached near the house of Jagdish Mahto, 15-20 persons came amongst whom he could identify Jagdish Mahto who was armed with a Lathi, Awdhesh Mahto who was armed with a Bhakua, Sardhu Mahto who was armed with a Lathi and Kheman Gope. He could not recognize the other persons. All the persons started committing indiscriminate assault upon Baijnath Mahto as a result of which he fell down on the ground.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=vw8LnZcqP4VRvcwMiW2ir4gVUWAp92o0NX5cfAM%2BzboAovRa001Z8An3tfOoqOlM&caseno=Cr.A(DB)/187/1996&cCode=1&cino=JHHC010005321996&state_code=7&appFlag=)

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