SIKANDAR MAHAMARIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants along with ten others were prosecuted for offences punishable under Section 302/149 and also under Section 147 of the Indian Penal Code.

(2.) THE factual matrix, as transpiring from statement of Triveni Mahamarik (P.W.6) rendered before the police was that on material date of incident, while he along with Dhananjay Mahamarik was returning to House after irrigating lands, fifteen persons emerged from the embankment of canal, holding arms with them who apprehended Dhananjay Mahamarik, fell him on the ground and assaulted with their weapons. Explicit accusations were attributed to appellants (not Suresh Mahamarik) about assaulting Dhananjay dealt with Garasa on his leg. Accusations were also attributed to others for dealting blows on Dhananjay Mahamarik with axe, Khanti and hard blunt substance. It was alleged that seeing the ghastly incident, Triveni Mahamarik rushed to the village, and along with villagers, came to the place of occurrence and noticed Dhananjay Mahamarik growning in pains and with wounds in his legs which were bleeding profusely. He also claimed to have noticed wounds near the temporal region of the injured. The injured, it was alleged also rendered statement about the assailants before the villagers and as state of the injured, was critical, they took him on a cot to reach Bousi Hospital for treatment. However, before he could be given any medical aid, succumbed to the injury sustained by him. Triveni Mahamarik claimed identification of the assailants in the flash light of torch, and on these accusations, first information report on behest of Triveni Mahamarik was drawn up at Bousi Police Station and investigation commenced. During investigation, the investigating officer recorded statement of witnesses, got autopsy held on the body of the deceased, by doctor C.S.Kashyap (P.W.8), visited place of occurrence and on conclusion of investigation, laid chargesheet before the court. The appellants along with ten others on their committal to the court of sessions were put on trial. The prosecution examined altogether eight witnesses and those, examined, include Triveni Mahamarik who happened to be the brother of the deceased and also the person, who set the police in motion. The State also examined host of witnesses including the police officer.

(3.) DR . C. S. Kashayap (P. W. 8) stated to have noticed following antemortem injuries on the dead body of Dhananjay Mahamarik : -