IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.215 of 2003

Arising Out of PS. Case No.-34 Year-1996 Thana- VIDYAPATINAGAR District- Samastipur

======================================================

1. Ram Udgar Mahto S/O Late Ram Balak Mahto Resident Of Village-

Marwa, P.S.- Vidyapatti Nagar, District- Samastipur.

2. Harihar Mahto son of Ram Bhagat Mahto, R/o- Vill- Pandav Pachhiyari

Tola, P.S. - Dalsingsarai, District – Samastipur.

... ... Appellants

Versus

The State of Bihar

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Sujit Kumar Singh, Advocate

For the Respondent/s

:

Mrs. Anita Kumari Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

Date : 30-01-2023

The present criminal appeal has been filed

by two appellants namely Ram Udgar Mahto and Harihar

Mahto against the judgment of conviction and order of

sentence dated 28^th January, 2003 from which being

aggrieved and dissatisfied, the instant appeal has been

preferred by the appellants.

2.

The judgment impugned has been passed

by Shri Madhusudan Singh, then Sessions Judge,

Samastipur in Sessions Trial No.433 of 1996 by which

appellant No.1 has been convicted for the offence

punishable under Section 324 of the Indian Penal Code (in

short IPC) and he has been sentenced for the said offence to

Patna High Court CR. APP (SJ) No.215 of 2003 dt.30-01-2023

2/13

undergo Rigorous Imprisonment for a period of six months.

By the impugned judgment, the appellant No.2 has been

convicted for the offence punishable under Section 325 of

IPC and sentenced to undergo Rigorous Imprisonment for a

period of six months in respect of the said offence. Here, it

is relevant to mention that during the pendency of this

appeal, the appellant No.2 namely Harihar Mahto died so

vide order dated 10.01.2023 the present appeal stood abated

in respect of the said appellant and accordingly the present

appeal is now being decided in respect of appellant No.1.

Further it is relevant to mention that other accused persons

have been acquitted from all charges by the trial Court and

the appellant No.1 has also been acquitted from the charges

under Sections 341, 447, 504 and 307 of IPC.

3.

The prosecution’s case, in brief, is that the

informant namely Basudeo Mahto (PW-3) recorded his

fardbeyan before the Police Officer of police station

concerned on 22.04.1996 with this allegation that on

22.04.1996 at 5:00 p.m. he was fixing pillars on his land for

erecting palani and in the meantime the appellant Ram

Udgar Mahto armed with pagharia (Hasua), accused Ram

Patna High Court CR. APP (SJ) No.215 of 2003 dt.30-01-2023

3/13

Pravesh Mahto armed with Chhura, Kaushalya Devi having

a piece of brick in her hand and Harihar Mahto armed with

a lathi came there and started abusing him and thereafter

appellant Ram Udgar Mahto assaulted him with Pagharia

(Hasua) on his rib (panjara) as a result of which there was

bleeding started from his body and during that course late

appellant Harihar Mahto pushed the informant on the

ground and he also assaulted the informant with fists, slaps

and lathi causing injury at his mouth and thereafter on

hearing Hulla his son namely Mithilesh Kumar came there

to rescue him but both the appellants pushed him down on

the ground and assaulted him with fists and slaps and

thereafter on hearing Hulla his wife and co-villagers namely

Sheo Kumar Mahto, Ram Pukar Mahto, Ram Bhorash

Mahto alongwith other co-villagers came at the place of

occurrence and then on seeing the co-villagers the accused

Kaushalya Devi threw a piece of brick on informant’s son

which hit him on his back and then accused Ram Pravesh

Mahto threatened them on the point of Chhura by saying

that he would kill them but on account of the intervention of

co-villagers all the accused persons fled away