RISHI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the criminal appeals arise out of common judgment of conviction dtd. 29/4/2016 and order of sentence dtd. 3/5/2016, therefore, to have been heard together and are being disposed of by this common judgment.

(2.) The appellants named above have preferred these appeals against the common judgment of conviction dtd. 29/4/2016 and the order of sentence dtd. 3/5/2016, passed by Shri Janardan Tripathi, 1st Additional District and Sessions Judge, Bhagalpur in Sessions Trial No.1056 of 2013 arising out of Sanhola P.S. case No.02 of 2007, whereby and whereunder the appellants have been convicted under Ss. 302/34 of the Indian Penal Code (referred to 'I.P.C.') and have been sentenced to undergo life imprisonment with fine of Rs.1,00,000.00 each for the offence under Ss. 302/34 of the I.P.C. and in default of payment of fine, further to undergo imprisonment for five years.

(3.) The prosecution case, as per the F.I.R., is that on 1/1/2007 at 6:30 p.m. when the informant was at his house, at that time from the side of Gerua river, Rishi Mandal, Bhola Mandal, Vidya Mandal and Bindu @ Vinod came to the house of the informant after abusing, upon which the informant hide himself in the northern side of his house, which is adjacent to the land of Tanti. The children and woman of the house also ran away. Seeing the wife of informant running away, the accused chased her by hitting the eastern gate and firing. They caught her near the Bathan of Vishundev Tanti and injured her by inflicting the blow of Kunda over face. The accused pushed her on the land, where the wife of informant, namely, Babli Devi, who was 65 years, died and thereafter they went towards Gerua River. During the assault, Vishundev Tanti had asked the accused to leave the old lady, but they did not listen. The informant was seeing every thing by hiding beside. In the morning of 2/1/2017, the informant came to know that the mother of Hareram Mandal and Mahadeo Mandal were also killed and after getting this information, the informant went to see the dead body. He saw the dead body of Pago Devi. Meena Devi, daughter-in-law of Pago Devi, told that yesterday i.e. 1/1/2007 at 5:30 p.m. the named accused persons armed with katta came and started abusing and thereafter Meena Devi hide herself and she further told that Rishi Mandal after breaking handle of Handpump assaulted Pago Devi and other assaulted by fists and legs and killed Pago Devi. Thereafter the informant went to the house of Mahadeo Mandal and found him dead. Archana Devi, daughter-in-law of deceased, informed that on 1/1/2007 at about 5 p.m. Rishi Mandal, Murari Mandal, Suchit Mandal, Bindu @ Vinod Mandal, Salil @ Saligram Mandal, Vikas Mandal came abusing there and entered in the house. The mother-in-law of Archna Devi was injured by butt of katta and her father-in-law Mahadeo Mandal was taken on the roof, where he was shot dead. The cause of occurrence was disclosed as the fight for supremacy between Rishi Mandal and Hare Ram Mandal.