Citation No. ( 2026:JHHC:5897-DB )

Criminal Appeal (DB) No. 757 of 2003 Against the judgment and order of conviction and sentence dated

08.05.2003 (sentence passed on 09.05.2003) passed by Sri S. N. Pandey, learned 1st Additional Sessions Judge, Jamtara in Sessions Case No.

100 of 1997/274 of 2001

1. Gopal Mahato, son of late Hakim Mahato

2. Mohan Mahato, son of late Hakim Mahato

3. Bharat Mahato, son of late Mukunda Mahato

4. Anil Mahato, son of late Jhakur Mahato All are residents of Village Simalbari, P.O. & P.S. Bindapathar, District Jamtara ... Appellants Versus The State of Jharkhand … Respondent ----

PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Appellants : Mrs. Snehlika Bhagat, Amicus Curiae For the Respondent (State) : Mrs. Vandana Bharti, APP For the Informant : Mr. Ashutosh Pd. Joshi, Advocate CAV on 11.02.2026 Delivered on 18. 02.2026 ----

Rongon Mukhopadhyay, J. : 1. Heard Mrs. Snehlika Bhagat, learned Amicus Curiae and Mrs. Vandana Bharti, learned APP assisted by Mr. Ashutosh Pd.

Joshi, learned counsel appearing for the informant.

2. This appeal is directed against the judgment and order of conviction and sentence dated 08.05.2003 (sentence passed on 09.05.2003) passed by Sri S. N. Pandey, learned 1st Additional Sessions Judge, Jamtara in Sessions Case No. 100 of 1997/274 of 2001, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life along with a fine of 2,000/- and in default of payment to undergo further rigorous imprisonment for three months.

3. The prosecution case arises out of the Fardbeyan of Tiket Choudhary recorded on 23.01.1996 in which it has been stated that the elder brother of the informant, namely, Budhu Choudhary after feeding his shepherd was returning home when Gopal Mahato, Mohan Mahato, Bharat Mahato, Narayan Mahato, Anil Mahato and others variously armed had assaulted Budhu Choudhary who after such assault became unconscious. It has been alleged that when the informant, his brother Adalat Choudhary and Birua Devi tried to save Budhu Choudhary, Bishu Mahato and Madan Mahato had committed assault upon them with Farsa and Lathi. The reason for the occurrence is land dispute.

Based on the aforesaid allegations, Nala (Bindapathar) P.S. Case No.

09/1996 was instituted for the offences punishable u/s 147, 148, 149, 323, 324 and 307 of the I.P.C. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Case No. 100 of 1997. Charge was framed against the accused persons for the offence punishable u/s 148 and 302/149 of the I.P.C. which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight (08) witnesses in support of its case.

P.W. 1 Bhagwan Murmu has stated that he was in his house when he heard some commotion and when he came out, he had seen Budhu Choudhary being assaulted by Gopal Mahato, Mohan Mahato, Kalo Mahato, Anil Mahato, Bishu Mahato, Narayan Mahato, Yudhishthir Mahato, Madan Mahato, Bharat Mahato, Duryodhan Mahato. Gopal Mahato and Kalo Mahato had Lathis, Anil Mahato had Gaita, Bishu Mahato had Farsa, Narayan Mahato had spear while the rest of the accused had Lathis in their possession. He and Mohan Hembram had tried to stop the assault, but of no avail. Budhu Choudhary had later on succumbed to his injuries.

In cross examination he has deposed that he and Mohan did not receive any injuries.

P.W. 2 Adalat Choudhary has stated that he was in his house when the accused persons were committing assault upon Budhu Choudhary. Budhu Choudhary was initially assaulted by Gopoal Mahato with Lathi and thereafter with Lathi, spear and Gaita by Mohan Mahato, Kalu Mahato, Narayan Mahato and Anil Mahato. He had tried to save Budhu