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Jharkhand High Court
Sukhdeo Mahto @ Sukdeo Mahto vs The State Of Jharkhand ... ... Opp. Party on 13 April, 2026
2026:JHHC:10515
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 759 of 2016
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1. Sukhdeo Mahto @ Sukdeo Mahto, son of Jhato Mahto
2. Ticket Mahto @ Tickeet Yadav, son of Sukdeo Mahto, resident of
Village-Gidhaiya, P.O. & P.S.-Jasidih, District-Deoghar, State-
Jharkhand
... ... Petitioners
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Lalit Yadav, Advocate
For the State : Mrs. Lily Sahay, A.P.P.
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JUDGMENT
th
Dated: 13 April, 2026
1. Heard Mr. Lalit Yadav, learned counsel for the petitioners and
learned A.P.P. for the State.
2. The instant criminal revision has been preferred against the
judgment dated 25.05.2016 passed in Criminal Appeal No. 06 of 2010 by
learned 3rd Additional Sessions Judge, Deoghar, whereby and whereunder
the learned appellate court has dismissed the appeal by affirming the
impugned judgment of conviction and order of sentence both dated
22.01.2010 passed by learned J.M. 1st Class, Deoghar, in G.R. Case No.
819 of 2000 whereby and whereunder the petitioners have been convicted
for the offence under Sections 341, 323, 324 & 326 of I.P.C. and
sentenced to undergo S.I. for one month under Section 341 of I.P.C.; R.I.
for 6 months under Section 323 of I.P.C; R.I. for 2 years for the offence
under Section 324 of I.P.C. and further sentenced to undergo R.I. for 2
years and 11 months for the offence under Section 326 of I.P.C. along with
a fine of Rs.1,000/- with default stipulation. The sentences were directed
to run concurrently.
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Factual Matrix
3. Factual matrix giving rise to this revision is that on 09.11.2000 at
about 05:00 P.M., the informant was returning after grazing his cattle and
while he reached a lane in front of his house, Sukhdeo Mahto, Tiket
Mahto and Bhibhisan Mahto came and restrained him. Sukhdeo Mahto
lashed with a rod, Ticket Mahto lashed with sword and Bhibhisan Mahto
was armed with lathi. The informant tried to enter his house while raising
alarm but Tiket Mahto assaulted him with a sword due to which he
sustained a cut injury on his forehead and blood started oozing out.
Sukhdeo Mahto assaulted him on his hand and leg with an iron rod due to
which the informant fell down. Upon hearing the alarm, the informant's
son Nagdi Mahto came to save him, whereupon Bhibhisan Mahto
assaulted the informant's son with a lathi. It has further been alleged that
earlier to this occurrence the accused persons also assaulted the informant
and prohibited the informant from using the said lane.
4. On the basis of fardbeyan of informant, Jasidih P.S. Case No. 192
of 2000 was registered under Sections 341, 323 & 324/34 of the I.P.C.
After completion of investigation charge-sheet was submitted under
Sections 341, 323, 324 & 326/34 of I.P.C. and learned C.J.M., Deoghar
took cognizance of the offences under the aforesaid Sections.
5. The case of accused Bhibhisan Mahto has been separated and sent
to Juvenile Justice Board for inquiry and disposal vide order dated
14.02.2001.
6. Charges under Sections 341, 323, 324 & 326 of I.P.C. have been
framed and explained to all accused persons in Hindi to which they did
not plead guilty and claimed for trial.
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7. After conclusion of trial the petitioners were convicted and
sentenced as stated above.
Submissions on behalf of the petitioners
8. Learned counsel for the petitioners submits that the petitioner No.1,
Sukhdeo Mahto @ Sukdeo Mahto who happens to be more than 70 years
at present is alleged to have caused injury to the informant by rod blow
which does not find corroboration from medical report of the injured. It is
further submitted that petitioner No.2, Ticket Mahto @ Tickeet Yadav
who happens to be son of the petitioner No.1, inflicted twice sword-blow
injury on the informant one of which was found to be simple in nature and
another grievous in nature although, no X-ray report was produced during
trial. Both the petitioners were convicted for the offence under Sections
341, 323, 324 & 326 of I.P.C and maximum sentence awarded was two
years 11 months along with fine of Rs. 1,000/-.
9. It is further submitted that it is admitted fact that both the parties
are Gotiya of each other and in a sudden quarrel the incident took place.
There was no prior enmity or intention to cause any particular injury to
the informant/injured. It was petitioners' first offence as is also mentioned
in the impugned judgment passed by learned trial Court, but without
recording any special reasons the learned trial Court has failed to extend
the benefit of Section 4 of the Probation of Offenders Act to the
petitioners to which they deserve.
Submissions on behalf of the State
10. On the other hand learned A.P.P. for the State has defended the
impugned judgment on merits but has fairly admitted about non-granting
of benefit of the provisions of the Probation of Offenders Act to the
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petitioners without recording any reasons.
11. Considering the facts and circumstances of the case, the nature of
offence alleged to be committed by the petitioners, their age, character
and antecedents, it appears expedient in the ends of justice to grant benefit
of Section 4 of the Probation of Offenders Act to the petitioners instead of
undergoing the substantive sentence of imprisonment as awarded by the
learned trial Court and upheld by the appellate court.
12. In view of above, this revision is dismissed on merits with the
modification in sentence to the extent that instead of undergoing
substantive sentence of imprisonment awarded to the petitioners by
learned trial Court, the petitioners are hereby directed to be released on
furnishing bond of Rs.10,000/- (Rupees Ten Thousand) each with one
surety for maintaining peace and be of good behavior for one year from
the date of furnishing the bond under Section 4 of the Probation of
Offenders Act, 1958.
13. The petitioners are directed to furnish the said bond within two
months from the date of this order, otherwise the learned trial Court shall
call upon them to furnish the bond. In case of violation of the terms and
conditions of the bond, the petitioners shall be called upon by learned trial
Court to receive the sentence awarded to them by learned trial Court.
14. Pending I.A.(s), if any, stands disposed of accordingly.
15. Let a copy of this judgment, along with trial Court records, be sent
back to the concerned court immediately for information and needful.
(Pradeep Kumar Srivastava, J.)
13.04.2026
Arpit
Uploaded on 16/04/2026
