Shambhoo Mahto vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 898

NAVNEET KUMAR
Shambhoo Mahto – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Appellants : Mr. Anoop Kr. Mehta, Mr. Manish Kumar.
For the State : Mr. Azzemuddin, A.P.P.

JUDGMENT :

This appeal is preferred against the Judgment of Conviction and order of sentence dated 23.08.2003 passed by the learned 9th Additional Sessions Judge, Hazaribagh in S.T. No.528 of 2001, arising out of Gola P.S. Case No.16 of 2000, corresponding to G.R. No.955 of 2000, whereby and where under accused appellants Shambhoo Mahto and Balram Mahto were held guilty for the offence punishable under sections 304 part II/34 of IPC, for which they were directed to undergo RI for 7 years and to pay a fine of Rs.1000/- each and in default of payment of fine they were further directed to undergo RI for two months.

2. The prosecution case arose in the wake of fardbayan of one Makhan Thakur recorded on 19.05.2000 at 15.15 pm at Gola Hospital, Gola. It has been alleged therein that the informant on Friday dated 19.05.2000 at 12.30 pm was getting his house repaired with the help of labourers, meanwhile Chatru Mahto, Balram Mahto and Shambhoo Mahto came up there with lathi, danda and began to scold him and stopped him from doing repairing work saying that the land was belonging to them, but when the informant said that it was his land, the aforesaid three accused persons began to assault hi