BHOLA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE facts of the case depicted the manner and circumstances in which a ghastly incident in a sequel to land dispute took place at about 4 p.m. on the 14th November, 1982 at village Bangaon under the jurisdiction of Sanhaula Police Station of Bhagalpur District culminating in murder of the deceased Muneshwar Mandal. Exchange of hot words and abuses was going on between the deceased and his agnate, appellant Sattan Mandal over land dispute between them. In the mean - while, Appellants Biias Mandal @ Ram Bilas Mandal, son of Sattan Mandal and Bhola Mandal, son of Lutan Mandal arrived there hurling abuses against the deceased Muneshwar Mandal. Bilas Mandal was having a farsa in his hand. No sooner had they reached there than Sattan Mandal ordered and instigated that the deceased should be done away with and in pursuance of his order he was caught hold of by Sattan Mandal and Bhola Mandal whereafter Bilas Mandal inflicted a farsa blow on his head causing brain deep injury on his skull. The informant Janardan Mandal (P.W.

(2.) ) got ready to save his father, Muneshwar Mandal (deceased) but he was chased away. On hearing alarm, Kanahai Mandal (P.W.3), Janeshwar Mahto and Laxman Mandal arrived there and saw the occurrence. One Jaldhar Mandal extended first aid to the deceased whereafter he was taken to Bhagalpur Medical College Hospital where he succumbed to the injury in the early next morning at about 4.45 a.m. 2 Upon the first information report of the incident giving rise to Sanhaula P.S.Case No. 78 of 1982 having been lodged by Janardan Mandal (P.W.2) usual investigation commenced leading to submission of chargesheet against all the three appellants. They were all charged under section 302 read with section 34 and Bilas Mandal was also charged under section 302 of the Indian Penal Code (hereinafter to be referred to as the Code).

(3.) IN order to bring home the charges levelled against the appellants the prosecution examined Parsuram Mandal (P.W.1), Kanahai Mandal (P.W.3), Tilbula Devi (P.W.4), wife of the informant, Kaushaliya Devi (P.W.5), Raghunath Mandal (P.W.6), Bishwanath Mandal (P.W.7), the wife and the sons respectively of the deceased, Dr. N. N. Bhagat (P.W.8), who conducted autopsy on the dead body of the deceased and K.K.R Singh (P.W.9), investigating officer besides the informant Janardan Mandal (P.W.2), Kanahai Mandal (P.W.3) was cited in the first information report. All the material witnesses, to wit, P.W.1 to P.W.7 claimed to have seen the incident leading to infliction of fatal blow on the deceased.