SUDHIR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Babuan Mandal @ Pathar Singh, Sudhir Mandal, Raudi Paswan, Langara @ Dhaneshwar Paswan, Bauku Mandal, Swaroop Paswan, Janak Paswan, Mishri Uraon @ Mishri Dhangar had filed the instant appeal against the judgment of conviction and sentence dated 27.03.1990 passed by 3rd Additional Sessions Judge, Saharsa in Sessions Trial No.106 of 1975 whereby and whereunder appellants Babuan Mandal @ Pathar Singh has been found guilty for an offence punishable under Section 302, 148 of the IPC. Appellant Swaroop Paswan, Langara @ Dhaneshwar Paswan, Sudhir Mandal, Raudi Paswan and Mishri Uraon @ Mishri Dhangar have been found guilty for an offence punishable under Section 302/149, 148,323 of the IPC. Appellant Janak Paswan and Bauku Mandal have also been found guilty for an offence punishable under Section 302/149, 147,323 of the IPC and accordingly they were directed to undergo RI for life under Section 302, 302/149, RI for 3 years under Section 148 IPC, RI for two years under Section 147 IPC, RI for one year under Section 323 of the IPC respectively.

(2.) During pendency of instant appeal as per report of the Superintendent of Police, Saharasa appellants Babuan Mandal @ Pathar Singh, Raudi Paswan, Swaroop Paswan, Janak Paswan and Mishri Uraon @ Mishri Dhangar have died and on account thereof the instant appeal on their behalf stood abated vide our order dated 14.12.2012 and now this appeal remains confined to the extent of interest of appellants Sudhir Mandal, Langara @ Dhaneshwar Paswan, Bauku Mandal only.

(3.) The prosecution case in nutshell is that one Wakil Mandal, P.W.-8, gave his fardbeyan on 23.07.1972 at about 03:30 P.M. at Sonbarsa P.S. disclosing therein that on the same day at about 11:00 AM while he was weeding in his field, lying half mile east to his village and his grand father Khesar Mandal sitting over machan was keeping a watch over maize crop, all of a sudden Swaroop Paswan, Babuan Mandal @ Pathar Singh, Janak Paswan, Langara @ Dhaneshwar Paswan, Bauku Mandal, Sudhir Mandal and Mishri Uraon @ Mishri Dhangar variously armed with arrow and lathi came from southern side and seeing them he had raised alarm and had also asked his grand father to run away and when his grand father got down from Machan and began to flee towards western direction, Babuan Mandal @ Pathar Singh had caused injury over his chest by an arrow while Janak Paswan and Bauku Mandal had assaulted him with lathi and the remaining accused persons had also assaulted him. It has been further alleged by the informant that aforesaid persons after assaulting his grand father had escaped and this occurrence was witnessed by Brahamdeo Mandal, Kapildeo Mandal, Pradeep Mandal, Mahendra Mandal, Mushharu Mandal, Harilal Mandal who were working in the nearby field. as per the version of the informant and he along with others thereafter they carried the injured Khesar Mandal to his Darwaja where he however had succumbed to injuries. In his fardbeyan the informant had also disclosed the motive of such occurrence to institution of dacoity case by his father (the deceased) against the accused persons.