LAKSHMI TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Makhan Tiwari was the Jotedar of plot No.60 of Birajpur under Saraiyahat Police Station. He was also the Pradhan of the village. He had a son who pre-deceased him. On the death of Makhan his properties, including plot No.60, devolved on Mst. Nand Kishore (P.W.3), the widow of that pre-deceased son, he having left no issue surviving him. On survey and settlement of the lands in Birajpur, the said plot No.60 was mutated in her name and she remained in possession and cultivation thereof.

(2.) On July 10, 1962, Mst. Nand Kishore executed a registered bhugutbandha in respect of Plot No.60 in favour of Kanti Mandal (P.W.1), and delivered its possession to Kanti Mandal and his father Garbhu.

(3.) The prosecution case was that on July 22, 1962, while Kanti Mandal and Garbhu were having the said land ploughed by two labourers, the appellant Lakshmi Tiwari, his father Bittu, appellant Digan Raut and some others, armed with various weapons, came to the plot and on Kanti Mandal and Garbhu declining to halt its ploughing, attacked them. Appellant Digan started the attack with a lathi blow on the right arm of Garbhu and appellant Lakshmi Tiwari followed it up by two sword cuts on his head. On Garbhu falling down, the appellants and their companions turned against Kanti Mandal, who also was attacked with sword, spear and lathis. After the assailants left the scene of offence, the two injured men were removed to Saraiyahat dispensary from where Garbhu, whose condition was serious, was carried to Deoghar hospital. Kanti Mandal gave his statement to the Police who by that time had arrived at the dispensary, which was treated as the Fardbeyan, (Ex.1). Garbhu also made his statement thereafter which was recorded as his dying declaration, (Ex.3).