NARESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above named appellants have been convicted for the offence punishable under Section 307/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years under the above stated section and furthermore, appellant No. 1 in Cr. Appeal No. 254/2001, namely, Naresh Mandal was separately convicted for the offence punishable under Section 323 read with Section 147 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year for the aforesaid offence by learned Addl. Sessions Judge-III, Munger vide impugned judgment of conviction dated 23.7.2001 and order of sentence dated 26.7.2001 passed in Sessions Trial No. 638/1990 and accordingly, both the above stated criminal appeals were heard together and a common judgment is being delivered in both the above stated criminal appeals. In brief, the prosecution case, is that P.W. 6, Laxmi Pandit gave his fardbeyan to ASI of Kotwali Police Station on 17.1.1990 at 7.10 p.m. in injured condition at Sadar Hospital Munger to this effect that he had taken a pond for fishing in auction from the Government which had caused annoyance to Mandal community of his village. He further stated that on the morning of the same day, he had put soil in front of his house and Bito Mandal came on rickshaw and some hot exchange of words took place between him and the aforesaid Bito Mandal but due to intervention of villagers, matter was pacified. He further stated that Mandal community of his village hatched up a conspiracy to assault him as well as his family members and on the same day at about 4.30 p.m. while he was returning to attend the call of nature and reached near a school, appellants Anil Mandal, Naresh Mandal and one co-accused Dayanand Mandal surrounded him and the appellant-Anil Mandal as well as co-accused Dayanand Mandal put pistols on him whereas the appellant-Naresh Mandal started assaulting him with lathi as a result of which he sustained injuries on his head, hands and legs. He raised alarm which attracted his brother Rajendra Pandit (P.W. 5) who came running there but, in the meantime, Laxmi Mandal, Baleshwar Mandal, Jhapso Mandal, Bitra Mandal, Langra Mandal, Horil Mandal, Shankar Mandal, Rajendra Mandal, Mahto Mandal, Gohali Tanti and Arjun Mandal having armed with lathi in their hands came there and at the instigation of Anil Mandal, they started assaulting his brother Rajendra Pandit with lathi. The villagers came there having heard noise, and after that the above stated persons fled away from there. P.W. 6 noticed that his wristwatch and some cash were missing and after the aforesaid occurrence P.W. 5 and P.W. 6 were brought to hospital by the villagers. The alleged occurrence is said to have taken place on account of previous enmity.

(2.) On the basis of the aforesaid fardbeyan, Naya Ramnagar P.S. Case No. 7/1990 was registered for the offences punishable under Sections 147, 148, 341, 323, 379 of the Indian Penal Code and formal FIR was drawn up under the aforesaid sections against the appellants and others. The matter was investigated by the Investigating Officer and after completion of investigation, charge-sheet was submitted against fourteen persons including the appellants for the offences punishable under Sections 147, 148, 341, 323, 379, 325, 307 of the Indian Penal Code. The cognizance of the offences was taken and the case was committed to the court of Sessions, in usual way.

(3.) Appellants along with co-accused stood trial and they were jointly charged for the offence punishable under Section 307 read with Sections 149 and 379 of the IPC whereas the appellant-Naresh Mandal was, separately, charged for the offences punishable under Sections 323, 147 of the IPC. Furthermore, the appellant Anil Mandal and accused Dayanand Mandal were jointly charged for the offence punishable under Section 148 of the IPC and the appellants Laxmi Mandal, Baleshwar Mandal, Jhaksu Mandal, Dayanand Mandal, Shankar Mandal, Rajendra Mandal, Naresh Mandal, Baleshwar Mandal, Horil Mandal, Bitra Mandal and Arjun Mandal were jointly charged for the offences punishable under Sections 325, 147 of the IPC. Appellants denied the charges and claimed to be tried.