PUNIT MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been preferred by the appellants against the judgment and order dated 30-4-87 passed by the 1st Addl. Sessions Judge, Bhagalpur in S.T. No. 78/75 whereby the appellants have been convicted for the offence under S. 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life, Appellants Gholtan Mandal, Ram Swaroop Mandal, Ghotan Mandal alias Chittu Mandal, Bhola Mandal, Uttam Mandal, Ganesh Mandal, and Miri Mandal have further been convicted for the offence under S. 147 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for six months. Appellants Punit Mandal, Prahlad Mandal, Babulal Mandal and Jagdish Mandal have further been convicted for the offence under S. 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year.

(2.) The prosecution case is that on 17-3-1974 at about 7 p.m. one Gholtan Yadav gave his furdbeyan that at about 4 p.m. he was tending his cattle in the west of the village, wife of Meghan Das came and informed that Sonu Yadav was being assaulted. He went near the house of Sudin Mandal and saw his nephew Sonu Yadav lying on the ground in injured condition. He also found Siri Mandal, Miri Mandal, Jagdish Mandal, Chotan Mandal, Ram Swaroop Mandal, Bhola Mandal, Prahlad Mandal, Babulal Mandal, Baldev Mandal, Gholtan Mandal and Punit Mandal standing there variously armed with Bhala, Garasa, lathi and pistol and surrounding Sonu Mandal. There were some other persons whom he did not identify. The motive of the occurrence was that Siri Mandal and Miri Mandal were step brothers. There was dispute between them and Siri Mandal had assaulted his step brother Miri Mandal. Sonu Mandal was in favour of Siri Mandal. Some time thereafter there was compromise between Siri Mandal and Miri Mandal. Due to the aforesaid reason there was groupism in the village. The occurrence was seen by Sudin Mandal and Labu Yadav.

(3.) On the aforesaid fardbeyan formal First Information Report was drawn and investigation was taken up. After investigation charge sheet was submitted. During trial two accused persons died and thus 11 persons were put on trial. The trial Court convicted the appellants for the offences as stated above.