KUNWA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these criminal appeals are disposed of by a common judgment as they arise out of the same judgment passed in Sessions Tr. Case No. 229/90/287/90 by the 6th Additional Sessions Judge,Shagalpur.

(2.) In Cr. Appeal No. 271 of 1994, there are three appellants : 1. Kunwa Mandal, 2. Ranjit Raj Mandal and 3. Etwari Mandal. In Criminal Appeal No. 224 of 1994, there are four appellants. 1. Ratan Mandal, 2. Bajo alias Shailendra Mandal, 3. Arbind Mandal and 4. Jharu Mandal. All the seven appellants of the two criminal appeals have been convicted under Sections 302/149 and 148 of the Indian Penal Code and sentenced to undergo R.I. for life under Section 302/149, I.P.C. No separate sentence has been passed for the offence under Section 148, I.P.C.

(3.) In short the case of the prosecution is that at 12 'Clock in the day of 19-4-89 deceased Ram Chandra Singh, brother-in-law (Dewar) of the informant Chando alias Chandri devi was sitting at his verandah after taking meal. In the mean time some one told him that children were taking out Puwal at his Khalihan and Ramchandra Singh went out to see it. The informant Chandri alias Chando Devi was returning from her field and Ramchandra Singh met her in the lane and asked her as to who were pulling out Gambhauri (Puwal) and she told him that there was none. Master Saheb (deceased Ramchandra Singh) moved forward and started looking about it and the informant sat in the Gohal and thereafter Master Saheb (Ramchandra Singh) also returned to the Gohal and his daughter Sohamani (P.W. 5) was also with him. At that time two carpenters were constructing frame (Chaukhat) of Almirah of the deceased Ramchandra Singh in the Gohal and he (Ramchandra Singh) started looking after it. In the mean time accused Nand Lal Mandal, entered into the Gohal and caught Master Saheb (deceased Ramchandra Singh) from behind and Ramchandra Singh tried to get himself released and Nand Lal Mandal called Ranjit by the name Ranjitwa and then accused Ranjit Raj Mandal, Etwari Mandal, Jharu Mandal, Arbind Mandal, Bajo Mandal alias Shailendra Mandal, Ratan Mandal, Umesh Mandal Kunwa Mandal armed with pistol and gun came there. The informant also ran towards Ramchandra Singh and asked Nand Lal Mandal to leave him. Ramchandra Singh and Nand Lal Mandal came out of the Gohal during scuffle, and then accused Ranjit Raj Mandal, Etwari Mandal, Kunwa Mandal and Umesh Mandal fired at Ramchandra Singh. The accused persons dragged Ramchandra Singh (Master Saheb) in front of Gathora of Kamta Prasad Mandal. On hulla, Machulata wife of Ramchandra Singh (deceased) and her daughter Manjushree, Rashmi and Prakash Singh and others came there. Some accused also hit on the head of the informant by the gun causing her injury on her head. Deceased Ramchandra Singh had fallen on the ground. The informant also fell on him after the assault on her. On hulla many people of the village came and thereafter Madhulata and one another person took Ramchandra Singh inside the house. The informant along with her grand son Pankaj aged about 3 years also went inside the house, but by then Ramchandra Singh had died. Informant had also sustained injury in her finger. The reason of occurrence has been stated to be the land dispute between Ramchandra Singh and the accused persons and the accused persons had earlier also tried to murder Ramchandra Singh in which he had sustained injury and for which Sessions trial is pending. The fardbeyan of the Chando alias Chandri Devi (Ext. 8) was recorded by J. N. Sharma, Officer-in-charge of Sanhaula P. S. on the same day i.e. on 19-4-89 at 3.30 P.M. at Village Chandpur. On the basis of the fardbeyan formal F.I.R. (Ext. 2) was drawn in this case. After investigation police submitted chargesheet against nine accused persons including the seven accused appellants of the two criminal appeals. The two other accused persons against whom chargesheet had been submitted were Nandlal Mandal and Umesh Mandal. The learned Chief Judicial Magistrate took cognizance of the case and thereafter the case was committed to the Court of Sessions for trial. During the course of trial case of accused Nandlal Mandal and Umesh Mandal was separated and the above Sessions Trial proceeded against the aforesaid seven accused appellants.