MUNSI HASDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals, arising out of same judgment dated 8-4-1993 and order dated 12-4-1993 passed by 5th Additional Sessions Judge, Purnea in Sessions Trial No. 265 of 1991 convicting and sentencing both the appellants to undergo rigorous imprisonment for life under Section 302 read with Section 149, Indian Penal Code, rigorous imprisonment for three months under Section 147, Indian Penal Code and rigorous imprisonment for one month under Section 323, Indian Penal Code and ordering for all these sentences to run concurrently have been heard together and are being disposed of by this common judgment.

(2.) The case of prosecution, in short, as disclosed by the Fardbayan of informant, Arjun Mandal (P.W. 15) is that on 20-4-1990 at about 1.30 a.m., the informant, alongwith Umesh Ram (P.W. 6), Krishna Kumar Mandal (P.W. 7) and Vibhishan Mandal (P.W. 8) was going to a Magistrate deputed in the village to complain that Adivasis (members of a tribal community) were extending their illegal possession of land and they were blocking the entry of villagers from all the sides and were becoming ready to assault the villagers who wanted to go outside the village. When he reached near the boring of one Sarjug Mandal, both the appellants, alongwith Raghunandan Murmu and Ramji Murmu, armed with arrows and 'Phatta' (bamboo sticks) came there and saying that why they were crossing through their land, Raghunandan Murmu pierced an arrow on the right thigh of informant and Ramji Murmu assaulted Krishna Kumar Mandal (P.W. 7) with Phatta and both the appellants assaulted Vibhishan Mandal (P.W. 8) with Phatta, fists and slaps. The informant and his companions ran here and there and informant came to his house and he narrated the incident to his villagers and he, out of fear, could not go to Police Station but he, alongwith some of his villagers, namely, Bipin Mandai (P.W. 9), Laxmi Ram (P.W. 3), Puran Ram (P.W. 2) Shyamlal Mandal (P.W. 5), Chulhai Ram (P.W. 11), Charitar Mandal (P.W. 4), Krishna Kumar Mandal (P.W. 7) Bhawishan Mandal (P.W. 8) and Umesh Ram (P.W. 6) proceeded to pacify the Adivasis and when they all reached a place from where the disputed land is situated about 150 yards towards north east, both the appellants alongwith Raghunandan Murmu, Ramji Murmu, Sanichar Murrnu, Chando Hasda, Thakur Soren, Bindeshwar Soren and others, variously armed with arrows and Phatta, started throwing arrows on them. In the meantime, Bido Yadav was going to his house from eastern side and co-accused Raghunandan Murmu thinking that he was member of prosecution party called him and when Bido Yadav looked at him, Raghunandan Murmu shot an arrow hitting on the abdomen of Bido Yadav who fell down and died on the spot. The informant and his companions, thereafter, went running to the Magistrate for informing him about the occurrence. In the meantime, the appellants and their companions started setting fire to their own huts. The Fardbayan of informant was recorded by Sub Inspector Rameshwar Prasad (P.W. 17) on the same day at about 7 p.m. in the village of occurrence. About the motive of occurrence, the informant, in his Fardbayan, has stated that appellants on the land of Laxmipur Baphariya Primary School given in charity by Charital Mandal, Baleshwar Mandal and Mahendra Mandal, had illegally constructed huts for which a case at Baphariya Police Station was already lodged and appellants and their companions were extending the area of their encroachment and they had closed the entry of the villagers. On the basis of Fardbayan of informant, a case by drawing formal first information report (Exhibit-4) under Sections 147, 148, 323, 307 and 302 Indian Penal Code was registered against both the appellants and six others. After investigation, police submitted charge-sheet against the appellants and co-accused Raghunandan Murmu and Ramji Murmu. The case was committed to the Court of Session where charges under Sections 147, 323, 302/149 were framed against both the appellants and co-accused Ramji Murmu and charges under Sections 148, 324 and 302 against co-accused Raghunandan Murmu. After trial, appellants, alongwith Ramji Murmu and Raghunandan Murmu were held guilty and all were convicted and sentenced. Appellants alongwith co-accused Ramji Murmu were sentenced to undergo rigorous imprisonment for life under Sections 302 read with Section 149, rigorous imprisonment for three mouths under Section 147, Indian Penal Code and rigorous imprisonment for one month under Section 323, Indian Penal Code, as indicated above whereas co-accused Raghunandan Murmu was convicted and sentenced to undergo rigorous imprisonment for life under Section 302, Indian Penal Code and rigorous imprisonment for six months under Section 147, Indian Penal Code.

(3.) The case of appellants, as it appears from the trend of cross-examination of prosecution witnesses, is that on the day of occurrence, the informant and others had gone to dispossess the appellants from their land and set fire to their huts and at that time, members of prosecution party were shooting arrows and one of such arrows hit Bido Yadav resulting into his death.