STATE OF BIHAR Vs. KALI DAS MANJHI

JUDGEMENT

(1.) Reference has been made by the 3rd Addl. Sessions Judge, Chaibasa under Section 366 of the Code of Criminal Procedure for confirmation of death sentence of six convicts, whereas appeal has been filed by the convicts for setting aside the judgment and order passed by the trial Court. Both the cases were heard together and are being disposed of by this judgment.

(2.) Appellant Kali Das Manjhi, Kalu Manjhi, Dubraj Manjhi, Rai Singh Manjhi, Kalyan Manjhi and Tara Chand Manjhi have been convicted for the offence under Sections 302/149/34 of the Indian Penal Code and have been sentenced to death. Rest of the appellants have been convicted for the offence under Sections 302/149/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. They have further been convicted for the offence under Section 201 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3000/- each, in default of payment of fine, to undergo further rigorous imprisonment for two years.

(3.) The prosecution case, as stated in the fardbeyan, is that one Ghan Shyam Manjhi son of late Sukh Ram Manjhi of village Raghoi, P. S. Sonua, District Singhbhum West gave his fardbeyan before the Officer-in-charge of Sonua Police Station on 24-7-1986 at about 5.30 p.m. that he, his father, his mother, one elder brother Suresh Majhi, two younger brother, one elder sister and one younger sister were residing at their village Raghoi. His one elder brother, namely, Ghan Shyam Murmu was constable and was posted at Dhanbad. He has two step brothers, namely, Suresh Manjhi and Ghan Shyam Murmu. On 19-7-1986 he had gone to take bath in the rivulet. While he was returning to his house after taking bath he saw Kali Das Manjhi, Kalu Manjhi, Dubraj Manjhi, Budhua Manha, Diku Manjhi and Jugi Manjhi of his village who had tied his father to a flower plant. Many people of the village assembled who were saying that son of Diku Manjhi died due to his witchcraft. The villagers were saying that Sukhram Manjhi and his wife were 'Ojha' and 'witch' respectively. Rai Singh Manjhi ordered to kill the entire family. They assaulted his father with lathi and axe. Thereafter, the villagers caught his mother, Parwati Majhiain, elder sister, Laxmi Majhiain, younger sister Nani Majhiain, younger brothers Logo Manjhi and Pradhan Manjhi and took them away. Out of them he identified 26 persons of his village. His brother Suresh Manjhi, his Bhabhi and others had seen them. The aforesaid persons thereafter assaulted them with lathi and axe and cut them into pieces. He learnt that the dead bodies were thrown in Sanjay river. He, however, concealed himself and went to his relation at village Beguna out of fear as they were also searching him. The occurrence took place between 5.30 p.m. to 7.30 p.m. The motive of the occurrence was that there was land dispute between his father and Budhuwa Manjhi and Diku Manjhi. Due to the aforesaid reason the villagers committed the murder. The occurrence was witnessed by his brother, his Bhabhi and uncles. He also learnt that head, hand and leg of his parents, two brothers and two sisters were cut and thrown in the river. He out of fear went to Chakardharpur due to which there was delay in lodging the First Information Report.