Mahto & Ors Vs. State of Jharkhand  INSC 668 (27 August 2010)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1078 OF 2006 Prahlad Mahto &
Ors. ....Appellants Versus State of Jharkhand ...Respondent
heard the learned counsel for the parties and gone through the impugned
judgments. We see that the High Court and trial court had found that the seven
appellants were involved in the incident. The learned counsel for the
appellants has, however, argued that specific roles had been ascribed to
Basudeo Mahto, Safi Mahto and Kato Mahto in the FIR as also in the statement of
the three eye witnesses, but the post- mortem report and the injury report of
the deceased and the injured witnesses respectively did not show the presence
of any injuries at the instance of Sri Mahato, Basudeo Mahato and Kato Mahato,
although they were as per the prosecution case armed with lathies. It is true
that it is often difficult to arrive at a true assessment as to what has
happened but in a case of Crl. Appeal No.1078/2006 deep rooted group 2 rivalry
and animosity between the rival parties and in the face of the fact that a
large number of accused have been involved, the possibility of false
implication cannot be entirely ruled out.
in the facts of this case, we find that whereas accused Prahlad Mahto, Naresh
Mahto and Sudhir Mahto have been attributed specific injuries, the others have
been given general roles that they too had caused injuries. There is thus
possibility that some of the accused could have been booked falsely.
accordingly, dismiss the appeal of Prahlad Mahto, Naresh Mahto and Sudhir
Mahto, but allow the appeal of Sri Mahto, Basudeo Mahto and Kato Mahto and
order their acquittal. They shall be released forthwith, if not wanted in any
other case. Their bail bonds shall stand discharged accordingly.
.................................J. (HARJIT SINGH BEDI)
.......................... ....J. (J.M. PANCHAL)
AUGUST 27, 2010.