BATTIS MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 28.6.1994/ 29.6.1994 passed by 5th Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 114/88 whereby the appellants have been convicted for the offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Battis Mandal and Vakil Sah have further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years.

(2.) THE informant Babulal Mandal gave his fardbeyan on 18.9.1995 at about 2 p.m. at his village that at about 7 a.m. he was going to purchase a Lid. His father was also with him, who was going to Bahiyar to see the field. When they reached in front of the shop of Chotelal Sao, the appellants and two others came from the side of the shop of Chotelal Sah. Appellant Battis Mandal caught waist of his father. Appellant Vakil Sah put a scissor like lathi on his neck and pressed the same. His father fell down on the ground. Appellants Vakil Sah, Ganna Bhandari and Raj Kumar Sah began to press the lathies. Other appellants also assaulted him with lathies and smashed his chest and stomach. Battis Mandal assaulted his father with khantt. His father died there. His dead body was dragged by the appellants to the disputed field. Ramcharan Mandal, Gayatri Devi and other people of the village had seen the occurrence. The motive of the occurrence was litigation with Chotelal Sah, Vakil Sah and others for the land.

(3.) ON the aforesaid fardbeyan a formal FIR was drawn, investigation was taken up and on completion of investigation charge -sheet was submitted. The Court took cognizance on receipt of the charge -sheet and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants, as indicated above, however, the trial Court acquitted Chotelal Sah and Bimla Devi.