IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4940 of 2021

Arising Out of PS. Case No.-52 Year-2020 Thana- BEGUSARAI COMPLAINT CASE

District- Begusarai

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

1.

PAHARI MAHTO @ PANDIT MAHTO Son of Late Bahadur Mahto

Resident of Village - Hardiya, P.S.- Mufassil, Distt.- Begusarai.

2.

GOPAL MAHTO @ GOPAL KUMAR MAHTO Son of Late Bahadur

Mahto Resident of Village - Hardiya, P.S.- Mufassil, Distt.- Begusarai.

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Kari Mandal son of late Saryug Mandal, R/O village- Hardiya Tola, P.S.-

Mufassil, District-Begusarai.

... ... Respondent/s

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

with

CRIMINAL APPEAL (SJ) No. 11 of 2022

Arising Out of PS. Case No.-52 Year-2020 Thana- BEGUSARAI COMPLAINT CASE

District- Begusarai

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

1.

RAJIV MAHTO @ MORAL MAHTO Son of Late Manshi Mahto @ Munsi

Mahto, Resident of Village- Hardiya, P.S.- Muffasil, District- Begusarai.

2.

Bachchan Mahto Son of Kalo Mahto @ Kaleshwar Mahto, Resident of

Village- Hardiya, P.S.- Muffasil, District- Begusarai.

3.

Ram Babu Mahto Son of Late Narayan Mahto, Resident of Village- Hardiya,

P.S.- Muffasil, District- Begusarai.

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Kari Mandal Son of Late Saryug Mandal, R/o village- Hardiya Tola ,P.S.-

Muffasil, District- Begusari

... ... Respondent/s

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Appearance :

(In CRIMINAL APPEAL (SJ) No. 4940 of 2021)

For the Appellant/s

:

Mr.Shashank Shekhar

For the Respondent/s

:

Mr.Sadanand Paswan

(In CRIMINAL APPEAL (SJ) No. 11 of 2022)

For the Appellant/s

:

Mr.Sanjana

For the Respondent/s

:

Mr.Binay Krishna

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

Patna High Court CR. APP (SJ) No.4940 of 2021(3) dt.11-07-2022

2/4

ORAL ORDER

3

11-07-2022

The learned counsel for the appellants is directed to

remove all the defects pointed out by the office within one

month.

Heard the learned counsel for the appellants as well as

the learned counsel for the complainant as well as the learned

Special Public Prosecutor for the State.

The appellants apprehend their arrest in connection

with Complaint Case No. 52C/2020 registered for offence

punishable under sections 323, 341/34 of the Indian Penal Code

and sections 3 (i) (r) (s) of the Scheduled Caste and Scheduled

Tribe (Prevention of Atrocities) Act.

The complainant, Kari Mandal, made allegation that

the accused persons assaulted and abused him in filthy words by

calling his caste name. The accused persons also abused the

complainant’s wife and outraged her modesty. Co-accused Rajiv

Mahto alias Moral Mahto snatched Rs. 6,000/- from the pocket

of the son of informant. Further allegation is that the accused

persons wanted to snatch his licensee revolver. The complainant

is a retired personnel of C.R.P.F.. The allegation against

petitioner No. 1, Pahari Mahto is that he spitted on the face of

the informant.

The learned counsel for the appellants has submitted

Patna High Court CR. APP (SJ) No.4940 of 2021(3) dt.11-07-2022

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that the appellants are the persons of clean antecedents. The

specific allegation of spiting is against appellant no. 1, Pahari

Mahto. So far as other accused persons are concerned, the

allegation is general and omnibus. He has also submitted that in

solemn affirmation, the informant has stated that there is no land

dispute between the parties, whereas his wife, who has been

examined as P.W. 2, has stated that the occurrence took place

due to land dispute.

It appears that there is land dispute between the

parties. The allegations against the other co-accused persons,

except the appellant Pahari Mahto, are general and omnibus.

The allegation against the appellant Pahari Mahto is of spiting

on face of the complainant. It appears that the prov