ANANDI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH thess appeals aries out of a common judgment and order and, therefore, they have been heard together and are being diposed of by a common judgment. These two appeals are directed against the judgment and order dated 29-7-1989, passed by the 7th Additional Sessions Judge, Purnea in Sessions Trial Nos. 166 of 1985 and 267 of 1987 in which those appellants were tried on the charge of being members of an unlawful assembly for committing murder of Bishwanath Yadav and Jogendra Yadav and attempting to commit murder of Chhadi Yadav and Wakil Yadav allegedly on 16th March, 1983 at village Bhawanipur, P.O. Bhawanipur in the district of Puraea in prosecution of their common object of that unlawful assembly. All these appellants have been convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and under Section 307 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each. These appellants have been found guilty under Section 148 of the Indian Penal Code. However, no separate sentence has been passed under this section. The sentences are to run concurrently.

(2.) THE prosecution case was initiated on the basis of the fardbeyan (Ext. 4) recorded on the statement of Wakil Yadav (P.W. 9) on the 16th March, 1983 at 2.15 p. m. THE presecution case may be briefly stated. On 16th March, 1983 at about 1p.m. Wakil Yadav the first informant was returning to his house after ploughing his land. His uncle Chhedi Yadav an elder brother of his father, was also returning to his house after grazing she-buffaloes. When the first informant reached near a field of one--Bachcha Babu, he saw these five appellants along with five unknown persons sitting at the Kamat of Chhedi Mandal. Chhedi Mandal was armed with Garasa and Chandeshwari Mandal was armed with sword and Prabba Mandal was armed with bow and arrow and the remaining persons were armed with lathies. Accused, Anandi Mandal is also known as 'Nandlal Mandal'. Accused Chhedi Mandal, Nandlal Mandal and Kamleshwari Mandal are sons of Harihar Mandal and accused Prabhu and Chandeshwari Mandal fare sons of accused Chhedi Mandal. THE accused persons cought hold of the informant and started assaulting him. Accused Chandeshwari Mandal assaulted the first informant with a sword on his head and right arm and others assaulted him with lathi as a result of which the first informant fell down. Accused persons also assaulted Chhedi Yadav with their respective weapons and thereafter accused persons fled away towards south. While fleeing away, they also took with them the plough and oxen of the first informant. One Mahindra Mukhiya (not examined) informed Bishwanath Yadav the father of the first informant, and Jogendra Yadav, cousin of the first informant regarding the occurrence on which they were coming to the place of occurrence but on the way, near the field of one Prabhudayal, they were assaulted by these accused persons as a result of which they sustained injuries and died at the place of occurrence. THE occurrence took place due to bad blood between the family of the first informant and the acccused on account of land dispute. THE first informant and Chhedi Yadav were taken to State Dispensary, Bhawanipur where Wakil Yadav came to learn about murder of his father Bishwanath Yadav and his cousin Jagendra Yadav, son of Chhedi Yadav, and on the statement of Wakil Yadav, the first informant, the fardbeyan (Ext. 4) was recorded.

(3.) AT the trial, charges under Sections 302/149, 307/149, 324 and 148 of the IPC were framed against all the five accused. Charge under Section 379 of the Indian Penal Code was framed against accused Chhedi Mandal. Accused persons pleaded not guilty to the charges and claimed to be tried. Their defence, as it appears from the cross-examination of the first informant and P.W. 2, Sahdeo Yadav, was that the first informant Wakil Yadav and other members of the prosecution party had gone to have foreible possession of the land and they assaulted mercilessly accused Prabhu mandal and Chhedi Mandal and accused Chhedi Mandal filed a case against them and these accused have been falsely implicated and altogether a false case has been hoisted against these accused persons. In support of their defence, they filed a certified to be true copy of the F.I.R. (Ext.-4) of G.R. Case No. 445 of 1983. Accused Kamleshwari Mandal examined himself as D.W. 1 and accused Anandi Mandal examined himself as D.W. 2.