BHUDHAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Bhudhan Mandal has been convicted under Sections 323, 448, 341 and 436 of the Indian Penal Code and sentenced to rigorous imprisonment for six months under Sections 323 and 448 of the Indian Penal Code, one month under Section 341 of the Indian Penal Code and four years under Section 436 of the Indian Penal Code whereas Yogendra Mandal, Janak Mandal and Jhari Mandal have been convicted under Sections 323, 448 and 341 of the Indian Penal Code and sentenced to rigorous imprisonment for six months under Sections 323 and 448 of the Indian Penal Code and one month under Section 341 of the Indian Penal Code by the 3rd Additional Sessions Judge, Darbhanga, in Sessions Trial No. 42 of 1990 by a judgment dated 2.9.1997.

(2.) The prosecution case according to the Informant Sheoji Mandal (PW-8) is that on 22.3.1989 at about 6.30 P.M., Ram Shobhit Mandal rebuked his wife for playing Holi with Bindu Mandal. When the Informant went to Ram Shobhit Mandal and asked him as to how he was rebuking his wife for playing Holi with any one since it was the occasion of Holi, Chandar Mandal came there and the Informant left along with him. In the meanwhile, the accused persons came there armed with lathi and caused injuries on his head and when Ram Prakash Mandal tried to intervene, he was also assaulted.

(3.) During trial, the prosecution examined fifteen witnesses out of whom PW-11 Yadunandan Mandal, PW-12, Devan Mandal and PW-13 Sita Devi have been tendered whereas PW-1 Raj Kumari Devi, PW-2, Bisheshwar Mandal, PW-3 Baldeo Mandal, PW-4 Yogeshwar Mandal, PW-5 Ram Prasad Mandal, PW-6 Gulabiya Devi, PW-7 Ram Khelawan Mandal, PW-8 Sheoji Mandal, Informant and PW-10 Daheva Devi are eye witnesses, out of which PW-5 and PW-8 are two injured witnesses. PW-9 is the Doctor who examined PW-5 Ram Prasad Mandal and PW-8 Sheoji Mandal, the Informant. PW-14 Dwarika Singh is the Investigation Officer whereas PW-15 Shambhu Prasad is a formal witness.