BHOLA MANDAL Vs. SATTAN MANDAL

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 meanwhile, appellants Bilas Mandal @ Ram Bilas Mandal, son of Sattan Mandal and Bhola Mandal, son of Lutan 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 (PW 2) got ready to save his father, Muneshwar Mandal (deceased) but he was chased away. On hearing alarm, Kanahai Mandal (PW 3), Janeswar 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 (PW 2) usual investigation commenced leading to submission of charge-sheet 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.) The defence set up by the appellants as gathered from the trend of cross-examination of the prosecution witnesses seems to be that the deceased and his son (PW 2) used to exert undue pressure on the appellants for parting with more land in their favour and hence they caught hold of the mother of the appellant Sattan Mandal, brought her to their house and assaulted her and when the appellant Sattan Mandal rushed to save her they assaulted him as well and the instant case is a cock and bull story. The appellants also entered into defence and they examined a solitary witness, the aforesaid Jaldhar Mandal who spoke of presence of injury on the person of Sattan Mandal.