Suresh Mahto vs The State Of Jharkhand on 6 July, 2026

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    Jharkhand High Court

    Suresh Mahto vs The State Of Jharkhand on 6 July, 2026

                                                                   2026:JHHC:19693
    
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Appeal (SJ) No. 1154 of 2008
                                               --------
           1. Suresh Mahto, son of Bigan Mahto
           2. Kedar Mahto, son of Bilash Mahto
           3. Mahesh Mahto, son of Bigan Mahto
           4. Yaduvanshi Mahto @ Banshi Mahto, son of Bilash Mahto
                  All residents of Village-Jarhgarh, P.S. & District-Garhwa
                                                                  ... ... Appellants
                                       Versus
           The State of Jharkhand                                 ... ... Respondent
                                               -----
          CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                                       --------
           For the Appellants          : Mr. Ram Kinkar, Advocate
           For the State               : Mrs. Nehala Sharmin, Spl.P.P.
                                               --------
                                          JUDGMENT
    

    th
    Dated: 06 July, 2026
    By Court: Heard Mr. Ram Kinkar, learned counsel for the appellants and

    Mrs. Nehala Sharmin, learned Spl.P.P. for the State.

    SPONSORED

    2. The instant criminal appeal is directed against the judgment and

    order of conviction and sentence dated 13.08.2008, passed by learned

    Additional Sessions Judge, F.T.C.1, Garhwa, in S.T. No. 447 of 2000,

    whereby and whereunder the appellants have been convicted for the

    offence under Sections 341, 323, 324 read with Section 34 of the

    I.P.C. and sentenced to undergo S.I. for one month for the offence

    under Section 341 of the I.P.C.; S.I. for six months for the offence

    under Section 323 of the I.P.C. and R.I. for one year along with a fine

    of Rs.500/- each for the offence under Section 324 of the I.P.C. All the

    sentences were directed to run concurrently. It was further directed

    that period already undergone during investigation, inquiry or trial

    were set off.

    Factual Matrix

    3. The factual matrix giving rise to this appeal is that the

    informant, Bijay Mehta was sitting at the door of his house on
    2026:JHHC:19693

    26.06.1999 at 07:00 A.M., meanwhile, Kedar Mahto and Banshi

    Mahto came with bullock and plough to till the field adjacent to the

    informant’s house. Suresh Mahto and Mahesh Mahto also followed

    them. The informant objected and told them that a case concerning the

    said field was pending and that they could till the field only after the

    judgment was delivered. Thereupon, an exchange of hot words ensued

    between the two parties, after which the accused persons started

    assaulting the informant by lathi and paina. Meanwhile, Banshi

    Mahto and Suresh Mahto brought garasa and tangi from their house.

    Seeing this, the informant started running away, but all the accused

    persons assaulted the informant, his brother Ayodhaya Mehta, mother

    Jitani Kuar and sister-in-law Pramila Devi and his wife. The informant

    further stated that Bansi Mehta gave a garasa blow on his head,

    causing a cut injury. He further stated that his brother sustained injury

    on the hand and his mother also sustained injury on her back,

    thereafter, the villagers arrived at the spot and saved them.

    4. On the basis of written report, Garhwa P.S. Case No. 107 of

    1999 was registered for the offence under Sections 341, 448, 323 and

    324 read with Section 34 of the I.P.C. and later on Section 307 of the

    I.P.C. was also added against four accused persons named above.

    5. After completion of investigation, charge-sheet was submitted

    against the accused persons for the offence under Sections 341, 323, 324,

    448, 307 read with Section 34 of the I.P.C. in the Court of learned C.J.M.

    The learned Magistrate took cognizance of the offence under the

    aforesaid Sections and the offence under Section 307 of the I.P.C. being

    exclusively triable by the Court of Sessions. Therefore, the learned

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    Magistrate committed the case to the Court of Sessions.

    6. The charges against the accused persons were framed under

    aforesaid Sections to which they pleaded not guilty and claimed to be

    tried.

    7. In the course of trial, altogether five witnesses were examined by

    prosecution.

    P.W.-1-Pramila Devi

    P.W.-2-Sila Devi

    P.W.-3-Ayodhya Mahto

    P.W.-4-Doctor Mahesh Pd.

    P.W.-5-S.I., Rameshwar Pd.

    Apart from oral evidence, the following documentary evidence

    was also adduced:-

    (i) Exhibit-1-Signature of O/c Garhwa on F.I.R.

    (ii) Exhibit-x-Photocopy of injury report of Bijay Mahto

    (iii) Exhibit-x1-Injury report of Ayodhaya

    8. On the other hand, two defence witnesses, namely Doctor Ajit

    Kumar (D.W.-1) and Suresh Prasad (D.W.-2) have examined.

    However, the following documentary evidence have been

    adduced by defence:-

    Exhibit-A-Injury report of Kedar Mahto

    Exhibit-B-Certified copy of Khatiyan

    Exhibit-C-Rent receipt

    Exhibit-D-Certified copy of Complaint Case No.427/99

    9. After conclusion of the trial, the learned Trial Court, after

    considering the oral as well as documentary evidence available on

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    record, has convicted and sentenced the appellants, as stated above,

    which is assailed in this appeal.

    Submissions on behalf of the appellants:-

    10. Learned counsel for the appellants without touching the merits of

    the judgment, has confined his argument to the question of

    non-extension of benefit of the provisions of the Probation of Offenders

    Act, 1958. The appellants have been convicted and sentenced for the

    offence under Sections 341, 323, 324 read with Section 34 of I.P.C. and

    maximum sentence awarded to them is R.I. for one year. It is submitted

    that admittedly there was land dispute between the parties and the

    occurrence took place suddenly due to ploughing of the field. It was

    first offence of the appellants and they have never been convicted for

    any other offence. The occurrence took place in the year 1999 and even

    after conviction, the appellants have maintained peace and good

    conduct and have been living normal lives. The learned Trial Court has

    failed to record any special reasons for not extending the benefit of

    Section 4 of the Probation of Offenders Act to the appellants to which

    they deserve. Hence, the appellants may be granted the benefit of

    Section 4 of the Probation of Offenders Act instead of directing for

    substantive sentence of imprisonment as awarded by the learned Trial

    Court.

    Submissions on behalf of the State:-

    11. On the other hand, learned Spl.P.P. has defended the impugned

    judgment on merits but so far as the plea for extension of benefit of

    Section 4 of the Probation of Offenders Act is concerned, no serious

    objection has been raised.

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    12. I have gone through the record of the case along with impugned

    judgment and order of conviction and sentence in the light of the

    contentions raised on behalf of both sides.

    13. It appears that the occurrence arose out of a sudden dispute

    relating to ploughing of the field. The occurrence does not appear to

    have been the result of any prior planning or pre-arranged intention to

    commit the alleged offence. It is also a fact that the appellants have

    never been previously convicted for any other offence. The incident

    was of the year 1999 and more than two decades have elapsed since

    the date of commission of offence. It is also pleaded that during this

    period the appellants have maintained peace and harmony and have

    never been involved in any other criminal activities.

    14. Considering the facts and circumstances of the case, the nature of

    offence committed by the appellants, the genesis and manner of

    occurrence, age, antecedent and character of the appellants, it is

    expedient in the ends of justice to extend the benefit of Section 4 of the

    Probation of Offenders Act, 1958 to the appellants for which the

    appellants appear to be entitled, instead of awarding substantive

    sentence of imprisonment.

    15. In view of the above, this appeal is dismissed on merits with

    modification in sentence to the extent that instead of undergoing

    substantive sentence of imprisonment awarded to the appellants by

    learned Trial Court, the appellants are hereby directed to be released

    on furnishing bond of Rs.5,000/- (Rupees Five Thousand) with one

    surety of like amount each to the satisfaction of learned Trial Court

    under Section 4 of the Probation of Offenders Act, 1958 within two

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    months from the date of this order for maintaining peace and be of

    good behavior for one year from the date of furnishing the bond.

    16. If the bond is not furnished within above stipulated time, the

    learned Trial Court shall issue notice upon the appellants to secure his

    attendance for furnishing the bond.

    17. In case of violation of terms and conditions of the bond, the

    learned Trial Court shall call upon the appellants to serve the

    substantive sentence of imprisonment awarded to them.

    18. Pending I.A(s), if any, stands disposed of.

    19. Let a copy of this judgment along with Trial Court Record be

    sent back immediately to the court concerned for information and

    needful.

    (Pradeep Kumar Srivastava, J.)

    06.07.2026
    Arpit
    Uploaded on 08/07/2026

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