ADAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are three appellants in Cr. Appeal No. 120/94, namely, Adan Mandal, Mohi Mandal and Basant Mandal.They are all residents of P.S. Sultanganj, district Bhagalpur. There are six appellants in Cr. Appeal No. 139/94. Appellant No. 2, Dhiro Mandal and appellant No. 6, Anandi Mandal died during the pendency of this appeal and therefore, their appeal stands abated. All the appellants of this appeal are residents of Nawada, P.S. Tarapur, district Munger. The appellants of both the appeals were charged and tried for the offence punishable under S. 396, IPC and have been found guilty by the 1st Addl. Sessions Judge, Banka, they have been sentenced to undergo rigorous imprisonment for life. The only distinction between these two appeals is that all the appellants of Cr. Appeal No. 120/94 are named in the FIR, while none of the appellants of Cr. Appeal No. 139/94 are named in the FIR. They have been named subsequently by some of the prosecution witnesses during investigation.

(2.) The occurrence leading to the trial and conviction of the appellants took place on 20/21st March, 1975 in village Barait, (Chatma) about three kms. from Shambhuganj police station, close to the State Highway. The villagers were celebrating Holi festival as it was the day of Holi. The villagers had collected at the house of Atul Singh to Sing Holi. The villagers who had assembled at the house dispersed at about 1 a.m. Atul Singh and his brother Sahdeo Singh were sitting at their 'Darwaza and suddenly 25 dacoits raided their house. There was an electric bulb glowing. Some of the dacoits were armed with pistols and they were also carrying electric torches. They told Atul Singh and Sahdeo Singh not to raise alarm otherwise they would be killed. The dacoits also abused the two brothers. They asked Atul to go inside the house and show where the money was kept. Atul Singh, however, refused to oblige them and replied that they have no money. They could go and take whatever they like. Thereupon one of the dacoits struck with 'lathi' on the head. The four dacoits who were possessing arms stood guarding at the entrance which was an open door. The other dacoits entered the house and started ransacking the house and also assaulting the inmates of the house. The dacoits after completing the operation were about to leave the house, but in the meantime the villagers rushed there on 'Hulla'. Sahdeo Singh and Atul Singh chased the dacoits. Thereupon the dacoits opened fire on them. Sahdeo Singh received bullet injury on the right hand and abdomen. Atul Singh also received gun shot injury. One Arun Kumar Singh, relation of Sahdeo Singh was also hit by gun shot and became unconscious. The dacoits also assaulted the sons of Sahdeo Singh.

(3.) The first report of the occurrence was given by Serveshwar Pd. Singh, P.W. 18, at Shambhuganj Police station at about 4 a.m. on the same day. Serveshwar Singh lived in the adjacent house and had rushed to the place of occurrence on hearing 'Hulla'. According to the first version the three appellants named in the FIR were made accused. The second account of the occurrence was given by Sahdeo Singh at Bhagalpur hospital to S.I. Ram Chandra Prasad, who was attached to Kotwali police station. He was probably not aware that FIR had already been lodged at Shambhuganj Police station. However, the statement given by Sahdeo Singh was forwarded to Shambhuganj Police station. Sahdeo Singh stated that he could not identify any of the dacoits. Sahdeo Singh and Atul Singh who had received serious gun-shot injuries died after few days at Bhagalpur hospital. Thakur Ram Chandra Singh, Officer-incharge of Shambhuganj police station on the material day, recorded the fardbeyan of Sarweshwar Singh and registered a case against the named accused under S. 395, IPC. He reached the village at 5-30 a.m. and inspected the house of Atul Singh. The house of Atul Singh was close to Asarganj Shambhuganj Road. The names of the appellants who were not named in the FIR came to light during investigation after two villagers, namely, Sudhakar and Shanker who had brought Mohit, gave their statement. Appellant, Mohi Mandal was arrested by the villagers after chase. There is no evidence as to when and where he was actually caught by the villagers. Mohi Mandal was produced before the Investigating Officer and gave his confessional statement, implicating six appellants of Cr. Appeal No. 139/94 and others who were not named in the FIR.