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2024 Supreme(Online)(JHK) 6163

HIGH COURT OF JHARKHAND
SRI ANANDA SEN, SRI GAUTAM KUMAR CHOUDHARY, JJ
SANTOSH MAHTO And ORS. – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates:
Mr. Ajit Kumar, Amicus Curiae; Ms. Vandana Bharti, A.P.P.

JUDGMENT

Reserved on: 27.11.2024 Pronounced On: 04.12.2024 Per Gautam Kumar Choudhary, J . Appellant- Santosh Mahto is before this Court in appeal against the judgment of conviction and sentence under Sections 302 , 307 and 324 of the IPC . Appellants- Dwarika Mahto and Mohini Devi are before this Court in appeal against the judgment of conviction and sentence under Sections 307 and 324 of the IPC .

2. Informant is the father of the deceased. As per the FIR, on 25.03.2001, in the morning at around 8:00 a.m. he was digging foundation in the courtyard of his house for construction of house. Dwarika Mahto with Trishul, Santosh Mahto with sword and his wife Mohini Devi with a Tangi entered into the house and opposed the digging of foundation. This led to hot exchange between both sides and the son of the informant namely Binod, Niwaran (deceased) and his wife and daughter also came there. Santosh Mahto with sword inflicted bleeding injuries to Binod Mahto and Niwaran Mahto, when wife of informant and his daughter came to their rescue, they were also injured by Dwarika Mahto with Trishul and his wife inflicted Tangi blow on them, resulting in critical injuries. The injured were taken

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