MOHAN MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both above named appellants have been convicted under Sections 457/460/302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years under Section 460 of the Indian Penal Code and no separate sentence under Section 457 of the Indian Penal Code was passed. They have been further convicted under Section 302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years. However, both sentences have been ordered to run concurrently.

(2.) The prosecution case in short is that the informant, Indu Mahto (not examined) along with others forest guard namely Jiblal Gops and Ali Hussain Mian was sleeping in the quarter. In the night at about 1.30 A.M. he woke up on hearing sound of 'Khat Khat'. It has been alleged that the electric bulb was lighted in the room and in that light he saw the accused persons namely Mohan Manjhi and Lala Turi holding Tangi in their hands. The accused persons started assaulting him all on sudden by means of Tangi and was abusing him on the ground that he was the person who used to object to cut the trees in the forest and were shouting to kill him informant. On hulla raised by the informant, other forest guard namely Jiblal Gope and Ali Hussain Mian whowere sleeping in the same room also woke up and came there. They were also assaulted by means of Tangi by the accused persons. It has further been alleged that after assaulting them the accused/appellants took away the cash and other articles from their possession. After that they were sent to the hospital for their treatment and Fardbayan of the informant Ext-2 was recorded by the S.I. S. Roy Officer-incharge, Bishnugarh police station on 1-6-1989 at 5.00 A.M. in Bishnugarh hospital. On the basis of fardbayan of the informant a formal F.I.R. was drawn up. After completion of investigation chargesheet was submitted against the appellants and cognizance was taken and the case was committed to the Court of Session for trial. Ultimately the trial concluded with the result as stated above.

(3.) Prosecution in support of its case examined altogether four witnesses. P.W. 1 is Jib Lal Gope. P.W. 2 is Ali Hussain Mian. P.W. 3 is Doctor Om Prakash who had examined the informant Indu Mahto, Jib Lal Gope (P.W. 1) and Ali Hussain Mian (P.W. 2). Informant of this case has not been examined. Inspite of several efforts made by the Court he did not turn up.