However, within a short time, all the above named accused persons along with appellants Beni Mahto, Manjhi Mahto, Nunuchandra Mahto, Latu Mahto, Koyla Mahto, Khiru Mahto, Mahru Thakur returned armed variously with Bhakuwa, farsa, sword, lathi, bows and arrows.
They also claimed that they were ploughing the land in question since long.
This was protested to and they were forced to retreat by the informant side.
The police companypleted investigation and finally submitted charge sheet against eleven accused persons who were charged under Sections 326,147,148,447and 302/149 IPC to which they pleaded number guilty.
According to informant Phulchand Mahto PW4 , deceased was given Bhakuwa blow by appellant Beni Mahto on his neck after which he fell down.
Appellants Koyla Mahto, Mahru Mahto and Khiru Mahto died during pendency of the appeals.
It is further asserted that when the informant and his uncle Bhola Mahto tried to intervene, they were also assaulted.
Thereafter, Kartik Mahto started giving sword blows on his father causing various injuries on his body.
However, they were number sentenced for any of the minor offences though found to be proved against them.
Appellants further assaulted Sanjhwa Devi and one Lakhan Mahto, who were ploughing the field nearby.
The details of the accusations were number brought to their numberice even the charges framed were number proper.
Examination under Section 313 Cr.
It is to be numbered that out of accused persons who had filed appeals before the High Court, appellants Koyla Mahto, Manjhi Mahto and Bhim Mahto died during the pendency of the appeal.
The informant and other injured witnesses raised alarms on which the villagers arrived there and saw the occurrence.
The main defence taken by the appellants was false of implication.
The High Court numbered that separate charge form was number framed by the trial companyrt against the appellant while framing charges.
P.C. was number properly done and in any event the charges framed were totally defective.
P.C. was number properly done.
The police prepared inquest report of the dead body of Budhu Mahto and seized bloodstained Bhakuwa, soil and seven arrows from the spot in presence of witnesses.
Apart from other factual aspects appellants in the appeal before the High Court had submitted that the examination under Section 313 of the Code of Criminal Procedure, 1973 in short the Cr.
Appellants Latu Mahto and Nanu Chand Mahto along with one Khiru Mahto had filed Criminal Appeal No.384 of 2000 R .
All the appellants were sentenced to serve rigorous imprisonment for life for the offences proved against them.
However, the learned trial companyrt after examining the witnesses found and held all of them guilty of offence punishable under Section 302/149 IPC.
362 of 2000 R .
During this incident, appellant Sukar Mahto was shooting arrows.
The matter was reported to Nawadih Police, which arrived at the spot in presence of witnesses and started investigation.
According to the informant, appellant Beni Mahto was carrying Bhakuwa, appellant Kartik was carrying sword, appellant Koyal Mahto was carrying Farsa, appellant Khiru Mahto was carrying Ballam, appellant Sukar Mahto was carrying bow and arrows, appellant Nunuchand was carrying Tangri, and appellant Bhim Mahto was carrying Bhakuwa and others were carrying lathi.
Their presence and or participation have number been established.
The appellants thereafter fled away.
On the basis of the fardbeyan, Nawadih P.S. Case No.38 of 1987 was registered under Sections 147,148,149,323,324,307,302 and 447 IPC.
The reason behind this incident was said to be dispute regarding Gairmajarua land which was possessed by the informant since long.
Five others had filed Criminal Appeal No.
In all there were 11 accused persons who were companyvicted.
The learned trial companyrt further found and held guilty appellants Beni Mahto and Kartik Mahto in Criminal Appeal No.411 of 2000 R under Section 302/34 IPC.
Two others had filed Criminal Appeal No.
Prosecution version as unfolded during trial is as follows Informant Phulchand Mahto was planting sweet potato alongwith Buddhu Mahto hereinafter referred to as deceased in the morning of 17.7.1987 in the field situated near their house in village Taranari, Tola Beharatand, when appellants Kartik Mahto, Sukar Mahto and Bhim Mahto came there with bullock to plough and tried to plough the field belonging to them.
The father of the informant, Budhu Mahto died on the spot.
411 of 2000 R and they were found guilty of offence punishable under Section 302/34 and 302/149 IPC.
P.C. Learned companynsel for the appellants submitted that the appellants have been companyvicted by application of Section 149 IPC.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Jharkhand High Court dismissing the appeal filed by the appellant.
Three appeals were filed by ten accused persons.
They were further charged under Section 302/34 IPC.
It was held that the accusations were explained to the appellants during their statements while their statements were being recorded under Section 313 Cr.
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