FAGU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ten persons were convicted for murdering one Begru Manjhi under Section 302 read with Section 149 of the Indian Penal Code and all were sentenced to imprisonment for life. All of them filed an appeal before the High Court and while the appeal was pending Jailal Manjhi died. So, the appeal was heard in respect of the remaining nine convicted persons. A Division Bench of the High Court confirmed the conviction and sentence of all those nine persons. Some days after the High Court's judgment was pronounced one more convicted person died and his name is Ruplal Manjhi. Out of the remaining 8 persons three did not file any appeal along with the present appellants. Those three are A2 - Santu Manjhi, A3 - Gaya Manjhi and A4 - Sukdeo Manjhi. Later when Santu Manjhi - A2 came to know of the filing of the present appeal he sent a petition for leave for special leave separately, but that was dismissed by this Court on 24. 04.2000 (vide S. L. P. (Cri. ) No. 1225/2000). Thus the position is that those three persons have now to undergo imprisonment for life in respect of the offence under Section 302 read with Section 149 Indian Penal Code

(2.) We are now only concerned with the remaining five who are the appellants herein. We heard Mr. Shekhar Prit Jha, learned Counsel for the appellants and Mr. B. B. Singh, learned standing Counsel for the State of Bihar.

(3.) According to the prosecution, on 31.7.1987 when deceased-Begru Manjhi went to his field along with his brother Bishwanath Manjhi all the assailants were waiting in ambush. On sighting the deceased they emerged out of the bushes and then they were all variously armed. Seeing the assailants rushing behind them the deceased and his brother Biswanath Manjhi took to their heels and the assailants chased them. Two of the assailants shot arrows and when the deceased fell down, A2 - Santu Manjhi cut his neck by inflicting a bhala blow. It was followed by A3 - Gaya Manjhi cutting with a sword and A4 - Sukdeo Manjhi cutting with bhujali (something like a chopper). The last cut severed his neck into two; that was the end of the deceased.