ANIRUDHA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have been convicted under section 452 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years each with fine of Rs. 1,000/ - each in default of payment of fine to undergo rigorous imprisonment for three months each. They have been further convicted under section 323 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year each. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case, in brief, is that on 9.9.1985 at about 10 P.M. the informant was sitting at his Darwaja on a cot. About 10 -15 persons came there all on a sudden from the northern side. They were variously armed with gun, rod, hammer, farsa, Garasa and Lathi. They came there and surrounded the informant. It has been further alleged that they started assaulting the informant with lathi and with the butt of a gun. The informant raised an alarm when the inmates of his house came out. It has been further alleged that appellant Surendra Mandal assaulted Dilip Kumar Thakur with a Danda, Sanichar Mandal brought out a dagger and aimed at the head of the aunt of the informant, namely, Sangita Devi. Sangita Devi was injured and she fell down on the ground. Appellant, Anirudha Mandal assaulted the sister of the informant, while appellant, Fatuli Mandal assaulted the brother of the informant, namely, Bipin Kumar Thakur. Both of them sustained injuries and fell down. The informant escaped in order to save his life. It has been further alleged that the accused persons entered into the house of the informant and his cousin brother and took out with them gold Asarfi 1 tola, clothes utensils and Rs. 250/ - in cash. In the meantime armed forces reached there and the accused persons fled away towards north. It has been further alleged that the informant had enmity in connection with the ancestral land with the accused persons for which the accused persons had committed the offence. On the aforesaid statement a formal F.I.R. was drawn up. After completion of investigations the police submitted charge sheet. Accordingly the cognizance was taken and the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE appellants pleaded not guilty and have stated that they have been falsely implicated in this case.