MANTOO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants suffered conviction under Section 302/ 149 of the Indian Penal Code (IPC) and were sentenced to suffer rigorous imprisonment for life. Appellant Chhatish Sharma was also convicted under Section 436, IPC, however, no separate sentence was awarded on that count.

(2.) Factual matrix, essential for disposal of this appeal, are that on 18.1.1987 while Indu Devi (P.W. 9), in the morning hours, was preparing tea for Prem Kumar Choudhary, who happened, to be her husband, Mantu Rajak, one of the appellants came and asked Prem Kumar Choudhary to get the field irrigated from the water of the canal. It was alleged that shortly thereafter, Prem Kumar Choudhary accompanied Mantu Rajak. However, hardly one hour had passed, she heard alarm being raised from Navtolia, about some people assaulting her husband. She thereafter took Binda Devi (P.W. 8), Sumitra Devi, Dilip Choudhary (P.W. 1) and Arvind Choudhary (P.W. 5) in her company and proceeded for Nawtolia where she allegedly noticed Mantu Mandal, Mantu Rajak, Pandey Rajak, Amrit Mandal, Ramnath Mandal, Kailu Sharma, Chhatis Sharma, Sikander Yadav and Fukuni Baitha along with other persons assaulting her husband with wooden substance and also khanti. They threatened her and shortly thereafter, they dragged body of Prem Kumar Choudhary to the eastern room of the house of Mantu Mandal and in the process of dragging, they continued to assault him. After alarms were raised by her, Vidya Thakur, Ugrasen Chand Thakur, Bhushan Thakur and a large number of persons happened to come there who witnessed the incident. It was also alleged that after the appellants dragged the body of Prem Kumar Choudhary to the house of Mantu Mandal, took out their house belongings from the houses, pursuant to which Chhatish Sharma one of the appellants, set the house of Mantu Mandal on fire as a consequence of which neighbouring houses and bundles of paddy, caught fire and the appellants shortly thereafter took to their heels. The wife of the deceased with the aid of some persons, removed dead body from the room and kept in the adjacent field and with these narrations, fardbeyan of Indu Devi was recorded by the Police which forms basis of the first information report registered at Bank Police Station. Investigation commenced and in the process of investigation, the Investigating Officer took necessary steps for recording statement of witnesses under Section 161 of the Code of Criminal Procedure, prepared inquest report over the dead body of the deceased, sent it to the mortuary for post mortem examination, seized the incriminating objects from the house of Mantu Mandal and on conclusion of investigation, laid charge sheet before Court.

(3.) In the eventual trial, prosecution examined altogether 11 witnesses including the doctor, Police Officer, and also those who claimed to be ocular witnesses, and the trial Court placing implicit reliance on the testimony of witnesses, rendered verdict of guilt against the appellants and sentenced them in the manner stated above.