BIHARI MANDAL Vs. STATE

JUDGEMENT

(1.) THE appellant Bihari Mandal was convicted by the learned Additional Sessions Judge of Mayurbhanj of culpable homicide not amounting to murder and was sentenced to rigorous imprisonment for ten years.

(2.) THE appellant was charged under S. 302, I. P. C., for having intentionally caused the death of a boy aged 11 years by name Ganesh Mahanti at about noon on Sunday, 6 -3 -55. The appellant was the Mulia of one Sartuk Mahanti (P. W. 6). P. W. 6 had two Pana Barajas -one big and one small in that village. The appellant used to water the Pana Barajas and dine and breakfast in the house of P. W. 6 on the days he worked in the Pana Barajas. P. W. 6 had a brother who died leaving his widow Ambika (P. W. 3) and a daughter. According to the evidence of P. W. 3, there was some intrigue between her and the appellant in consequence of which Ambika became pregnant and was driven out of the house.

(3.) AS Ganesh did not return home for the day meal, his mother (P. W. 2) went about in search of the boy, but did not find him at the usual places, namely, the Pana Baraja, the fields or the Pokhari. The husband (P. W. 4) of (P. W. 2 Annapurna) who had been to the Hat was communicated with. He returned about 2 Ghadis in the night and with his brother went about in search of the boy, but they could not find him in the night. Next morning before dawn, Nilakantha left for Udaypur to his Sadus house in expectation that the boy would have gone there, but did not find him there. When he was returning from that place, he learnt that a dark boy was found hanging on a tree at a distance from his Pana Baraja.