FEKAN MULL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted under Section 304/II of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for seven years each. They were further sentenced to undergo R.I. for seven years for the offence under Sections 304/149, IPC but no separate sentence was awarded by the Court below. Appellant Fekan Mull has been further sentenced to undergo R.I. for two years for the offence under Sections 304/114, IPC. The appellant Pukar Mull was further sentenced to undergo R.I. for three months for the offence under Section 323, IPC. However, all the sentences were ordered to run concurrently.

(2.) The prosecution case, in short, is that the informant Ram Sanehi Devi and her son Gautam Mull (deceased) were sitting in Bathan at about 5 in the evening of 11.5.83. It is alleged that all the above-named appellant who were the magnates of the informant had cut bamboo from the bamboo clump of the informant few days prior to occurrence. It is said that when the informant was making enquiry in respect of the cutting of the bamboo and in course of the said enquiry the appellants started abusing the informant, she protested and asked them not to abuse and this infuriated the appellants. It has been alleged that the appellant Fekan Mull ordered the other appellants to assault the informant and to kill the deceased Gautam Mull, son of the informant. On the order of the appellant Fekan Mull the other appellants namely, Shankar Mull, Yogendra Mull, Pukar Mull, Umesh Mull and Mahesh Mull (whose trial has been bifurcated) got the deceased Gautam Mull fallen down on the ground and they assaulted him with lathi and danda. It has been alleged that when the informant intervened to rescue her son Gautam Mull, the appellant Pukar Mull assaulted her with lathi causing injury on her left hand. All the appellants assaulted with brick bat and danda. The deceased, Gautam Mull, became unconscious due to the assault an blood oozed out from his head. Thereafter the informant raised alarm and the witnesses came there and saw the occurrence. The injured Gautam Mull was removed to Dariapur State Dispensary for treatment where fardbeyan was recorded and a case under Sections 147, 148, 149, 323 and 307 of the Indian Penal Code was instituted against the accused-persons. The deceased Gautam Mull was referred to PMCH Patna for better treatment where he succumbed to his injuries. On 12.5.83. On the basis of fardbeyan FIR was drawn up and after completion of the investigation charge-sheet was submitted against the accused persons. Accordingly cognizance was taken and the trial concluded with the result as indicated above.

(3.) The appellants pleaded not guilty and have stated about false implication in this case.