NARESH TIAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above appeals have been filed by the above named appellants against the judgment dated 2nd of conviction and order of sentence 6th May, 1989 passed by Additional Sessions Judge, Purnia in Sessions Trial No. 57 of 1987 holding all the three appellants of both the appeals guilty for offences under Sections 302/249, 323/149, 147 and 342 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code and for a period of one year each under Section 323/149 of the Indian Penal Code. No separate sentence under Sections 342 and 147 of the Indian Penal code has been awarded though they were found guilty under the aforesaid sections also. BOTH the sentences were ordered to run concurrently.

(2.) IT was the night of 4th September, 1985 on which date at village Singhiya Bahiyar Mauza Bahuti, P.S.Rupouli, District Purnia two persons were done to death by a mob consisting of seven named accused and 10 to 12 other unknown persons. These appellants were also named as accused. Occurrence was reported to police through Fardbeyan (Ext.4) of Banarsi Mandal (P.W.2) which led to registration of formal F.I.R.(Ext.5) Vide Rupauli P.S.Case No. 0074 of 1985 for offences under Sections 147, 148, 149, 323, 380 and 302 of the Indian Penal Code. Fardbeyan was recorded at 6.30 A.M. on 05.09.1985 at the place of occurrence by Ram Murti Singh, Sub Inspector of Police of Rupauli Police Station (not examined) where informant P.W.2 has stated that Bhukhan Rajak (appellant in Cr.Appeal (DB) No. 432 of 1989) and Lakshman Mandal were having enmity from before for which litigation was going on in the Court. The enmity was on account of the fact that Arjun Mandal, brother-in-law (sala) of Tuntun Mandal (deceased) had purchased four and half bighas of land from Bindeshwari Singh. The said land was being claimed by Lakshman Mandal as his Sikmi land. Arjun Mandal was living with his brother-in-law (bahnoi) Tuntun Mandal (deceased) and he with the help of his brother-in-law and others was cultivating the land. In this background of land dispute, on 04.09.1985 at about 8.00 P.M. Bhukhan Rajak, Deep Narayan Rajak, Suro alias Suresh Rajak, Lakshman Mandal, Suresh Tiar, Naresh Tiar and Parmanand Mandal along with 10 to 12 unknown persons forming an unlawful assembly came and enquired from the informant as well as his brother Nuri Mandal (P.W.4) about their names. These two persons namely, the informant and P.W.4 have stated in their deposition that they were overpowered by the named accused persons and the mob. They enquired about Tuntun Mandal and Makho Mandal. The informant and P.W.4 were mercilessly beaten. Makho Mandal was caught from his house and was brutally assaulted. On hearing noise, Tuntun Mandal came out. Tuntun and Makho were taken towards north of the house of Sahu. They went towards north and the informant succeeded in escaping and taking shelter in a Rahar field. Later on, the informant saw that the criminals were going towards south-west Bahiyar and subsequently he came to know that Tuntun Mandal and Makho Mandal have been taken away by them. The house articles were found scattered. Some villagers proceeded towards the said Bahiyar and found the dead bodies of Tuntun Mahto and Mako Mahto lying in parti field. Later on it was found that the house of Chandradeo Sahu was also plundered and the accused persons have taken away certain utensils from his house. The police after receiving information regarding occurrence came and recorded fardbeyan. The informant Banarsi Mandal (P.W.2), Gonar Mandal (P.W.6) and Govind Mandal (not examined) put their signatures on the fardbeyan. The matter was investigated into and after completion of investigation chargesheet was submitted. One Parmanand Mandal whose name was along with these appellants was found to be innocent, so he was not sent up for trial. After taking cognizance, the case was committed to the court of sessions where charges under Sections 302/149, 323/149, 342 and 147 of the Indian Penal Code were framed only against these three appellants and the same were explained to them. They pleaded innocence and preferred to face the trial.

(3.) FIRST of all, it is appropriate to discuss the evidence of the doctors who conducted the post mortem over the dead bodies of the deceased and who examined the injured.