STATE OF BIHAR Vs. DURGA MANDAL WITH

JUDGEMENT

(1.) ALL the three appellants have been convicted under Sections 302/ 34 and 201 ot the Indian Penal Code. Appellant Durga Mandal has also been convicted under Section 364 of the Penal Code. For the offence under Section 302/ 34 appellants Gena Mandal and Dina Mandal have been awarded sentence of imprisonment for life while appellant Durga Mandal has been sentenced to death. No separate sentence has been awarded for the offences under Section 201 or 364.

(2.) The prosecution of the appellants was set in motion by the fardbeyan of Badami Mandal (hereinafter called the informant), father of deceased Pintu Mandal aged about 8 years of Hathania Diara within Pirpaiti Police Station of Bhagalpur district -lodged at Pirpaiti Police Station on 17.1.1991 at about 3 P.M. He stated that on 15.1.91 at about 6 P.M. Pintu went along with Durga Mandal to attend the call of nature but did not return. He enquired from Durga Mandal who told him that he had sent Pintu to village Ekchari with Gena Mandal and Dina Mandal. He (the informant) searched Pintu but did not find him. He expressed apprehension that Durga Mandal had either killed Pintu or concealed him somewhere. The informant further stated that Durga Mandal had come to the village on 11.1.91. Earlier in the preceding month of Bhado he had used his (informant) torch cells in his radio which led to altercation. After four days of the incident, boils appeared on his (Durga Mandal) abdomen. Durga Mandal consulted some Ojha (Village sorcerer) who told him that wife of the informant was a witch and she had practised witch craft upon him. Durga Mandal in the circumstances was hostile to informant and his family.

(3.) IT is relevant to state here that Durga Mandal had been taken to police station by the informant and others including Lahru Mandal, Baldeo Mandal and Bhagwat Mandal. Earlier, they had verified his statement that he had sent Pintu Mandal to village Ekchari with Gena Mandal and Dina Mandal and found the same to be false. Thereafter they kept him in confinement before being taken to the police station.