PUNIT MARKANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the three appellants against the judgement dated 15.4.1988 passed by the learned 14th Additional District & Sessions Judge, Munger in Sessions Trial No.147 of 1978/, 192 of 1978/, 24 of 1982. By the above judgement and order of conviction appellants Punit Markanday and Ganga Markanday were found guilty of committing offences under Sections 302/149 and 307 of the Penal Code and were directed to suffer rigorous imprisonment for life as also of ten years on each of the above counts. Appellant Bahadur Markanday was found guilty of committing offences under Sections 302 and 307 of the Penal Code and was awarded the same sentences as were awarded to the above named appellants Punit Markanday and Bahadur Markanday. The sentences were directed to run concurrently.

(2.) Nirmal Mahto who is the son of the deceased Wakil Mahto gave his fardbeyan in which he stated that he along with his uncle Lucho Mahto were coming from somewhere and going to their house and when they reached near a Baswari (bamboo-clump), he had some feeling as if some persons were following them. It was dark. As such, the informant flashed his torch light but by that time the accused persons had surrounded the informant Nirmal Mahto and his uncle Lucho Mahto. It is alleged that appellant Bahadur Markanday and accused Sitaram Markanday were armed with DBBL guns and other accused persons like appellants Punit Markanday and Ganga Markanday were armed with farsa. Seeing the informant, they attacked the informant. Appellant Bahadur Markanday and the deceased accused Sitaram Markanday fired shots at the informant as a result of which he fell down injured. His uncle who was following the informant was also fired at and was injured by the accused persons. The informant having fallen down was assaulted by farsa by appellants Punit Markanday and Ganga Markanday and other accused persons.

(3.) The informant alleged that in the meantime, his father rushed from his Basa(it is a place which is away from the village settlement, where people generally keep their livestock and agricultural equipments)who was also shot at by the accused persons and he fell down dead. The accused persons, thereafter attempted to drag the father of the informant and the informant also but some of the accused persons suggested that the father of the informant be beheaded upon which appellant Punit Markanday and others attempted to behead his father, but in the meantime some vehicle appeared coming towards the site of occurrence as a result of which the accused persons ran away from there.