JHARKHAND HIGH COURT ISSUES ORDER ON BHOLA MAHTO AND ANR. V/S THE STATE OF JHARKHAND

RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:

1. Both these criminal appeals arise out of the same impugned judgment of conviction and order of sentence. Accordingly, they are being disposed of by a common judgment.

2. The appellants Bhola Mahto and Mangar Mahto in Cr. Appeal (DB) No. 328 of 2002 and the appellant Kulo Mahto in Cr. Appeal (DB) No. 405 of 2002 have filed these appeals against the judgment of conviction and order of sentence dated 31.05.2002 passed by Shri Rameshwar Rai, learned 5 th Additional Sessions Judge, Hazaribag in Sessions Trial Case No. 601 of 1999 arising out of Ichak P.S. Case No. 68 of 1999 corresponding to G.R. No. 1041 of 1999, holding the appellants guilty of the offences under sections 302/34, 307/34 and 452 of the Indian Penal Code and thereby sentencing them to undergo imprisonment for life along with a fine of Rs. 2,000/- each for the offence under section 302/34 of the Indian Penal Code. In default of payment of fine, they were further directed to undergo R.I for one year. Appellants were further sentenced to undergo R.I for ten years along with a fine of Rs. 1,000/- each for the offence under section 307/34 of the Indian Penal Code. In default of payment of fine, they were further directed to undergo R.I for six months. They were further sentenced to undergo R.I for two years along with a fine of Rs. 500/- each for the offence under section 452 of the Indian Penal Code. In default of payment of fine, they were further directed to undergo R.I for three months. All the sentences were ordered to run concurrently. The entire fine amount was ordered to be given to Phuleshwari Devi, wife of the deceased, as compensation.

3. Prosecution case was instituted on the basis of the fardbeyan of the Informant Karu Mahto, alleging therein that on 22.06.99 at about 8.00 p.m., there was some altercation between his brother Chhotan Mahto and the appellants in the local panchayat. The appellants are alleged to have assaulted his brother in the Panchayat itself. When his brother returned home, appellants followed him. They also resorted to hurling stones and bricks on him. His brother Chhotan Mahto fearing threat to his life, went to the roof of his house. The appellants followed him. The Informant also went to the roof of the house. The appellants assaulted them and pushed both of them from the roof, as a result of which, they fell on the ground, due to which, brother of the Informant Chhotan Mahto succumbed to his injury while the Informant sustained injuries.

4. After investigation, police found the case to be true and submitted charge sheet against the appellants on 25.09.99 under sections 302, 307 and 452/34 of the Indian Penal Code. Cognizance of the offences was taken by the learned C.J.M., Hazaribag on 27.09.99. Learned C.J.M., Hazaribag committed the case to the court of Sessions on 29.11.99 as the same was exclusively triable by the court of Sessions.

5. Charge was framed against the appellants on 13.04.2000 under sections 452, 307/34 and 302/34 of the Indian Penal Code. The same was read over and explained to the appellants in Hindi, to which they pleaded not guilty and claimed to be tried.

6. In order to prove its case, prosecution adduced both oral and documentary evidence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHn2YjhNaysXvFBodv2Q0WFGRQGU1FrQyfYAIgtK3nWcxD&caseno=Cr.A(DB)/328/2002&cCode=1&cino=JHHC010110972002&state_code=7&appFlag=)

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