PANCHU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though the prosecution was launched at the behest of wife of the deceased Ram Briksh Manjhi (Mushar) against as many as eight persons, it seems that there being no good evidence of incriminating nature to put them trial, the police laid charge-sheet before the court, only against the appellant showing Jalai Manjhi absconding, and the trial accordingly proceeded only against the appellant who suffered conviction under Section 304, Part II of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of 10 years which is under challenge in this appeal. Needless to say that the trial Court did not find the appellant guilty under Section 302 of the Indian Penal Code for which he was prosecuted.

(2.) Shorn of details, the prosecution case was that at about 8 a.m. on 6th December, 1986 while the informant Jasia Devi was working with her husband in the paddy field of Ramesh Singh, four persons including the appellant came and dealt indiscriminate lathi blows on her husband, when he dropped to the ground, pursuant to which, another set of four persons came and dealt blows with lathi on him suspecting Ram Briksh Manjhi to be witch. The reasons assigned for the incident was that Ram Briksh Mushar was a witness in a case of arson. After the police was set in motion, at the behest of wife of the deceased, the investigation commenced, in course of which, the Investigating Officer visited place of occurrence, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, got autopsy held on the dead body of the deceased and on conclusion of investigation laid charge-sheet before the court only against the appellant showing Jalai Manjhi absconding, and appellant on committal to the Court of Sessions was eventually put on trial.

(3.) The defence of the appellant before this Court and also the trial Court had been the total denial of allegation and appellant ascribed false implication due to litigation persisting between the parties. The appellant, reiterated his innocence and false implication even in the examination under Section 313 of the Code of Criminal Procedure by the Court. The State examined altogether seven witnesses at trial and those examined include, wife of the deceased, others who claimed to be ocular witnesses of the incident, those who came to know about incident and also the doctor who held autopsy over the dead body of the deceased, and the trial Court on appreciation of evidence placed on the record while acquitted the appellant under Section 302 of the Indian Penal Code for which he was charged, rendered verdict of guilt under Section 304 Part II of the Indian Penal Code and sentenced him in the manner stated above.