KISHUN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants in the two Appeals were tried along with seven other accused persons for charges under Sections 302/149, 323/149 and 379/149 of the Indian Penal Code by the learned 6th Additional Sessions Judge, Bhagalpur, in two Sessions Trials bearing no.209 of 1984 and 40 of 1985 which arose out of Kharik (Naugachia) P.S. Case no. 192 dated 7th November, 1982, G.R. no. 544 of 1982 and 544A of 1982. By the judgment dated the 08th day of April, 1988 passed in the above noted Sessions Trials, the learned Judge held the three appellants guilty of committing the offences under Section 302/149 of the Indian Penal Code and acquitted the three appellants along with seven others for offences under Sections 323/149 and 379/149 of the Penal Code. The three appellants were directed to suffer rigorous imprisonment for life and, as such, they have challenged the above judgment by preferring the two appeals. We have heard the two appeals together and we are disposing them of by the present common judgment.

(2.) The prosecution case, in brief, is that one of the sons of the informant, namely, Kamleshwari Yadav along with one of his relatives had gone to sell banana fruits in Bhagalpur and both were coming back to their house. When they came to village Shankerpur some miscreants chased them and relieved them of some of their belongings. The son of the informant, Kamleshwari Yadav, fled towards Bhagalpur.

(3.) It was stated by the informant that on 6th November, 1982 at 8.00 A.M. he along with his sons, named in the first information report, and some others set out to search the said son of the informant, Kamleshwari Yadav, and started towards Bhagalpur. One of his sons, Ram Bilas Yadav, had with him a licensed S.B.B.L. gun and others were having lathi, sticks, etc. in their hands. They roamed around their fields and were also gathering informations about his son and when they had reached at the Basa of accused Sonu Mandal, the accused persons named in the first information report along with others numbering 25 to 30, emerged with guns and started chasing the informant and others. The informant stated that he fled and concealed himself in the crop of a field and saw from there that his son and others were chased and assaulted. The mob of miscreants fired shots at the victims and, thus, killed six persons in that marauding incident. While the incident was still going on, the Police came and the accused persons fled away.