BAUWALAL MANDAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Appellant Bauwalal Mandai has been convicted for the offence punishable u/s. 302, I.P.C. for murdering his elder brothers wife Shukni and has been sentenced to imprisonment for life. He has further been convicted for the offence punishable u/s. 323, I.P.C. for causing voluntarily hurt to her son Nandlal and has been sentenced to undergo rigorous imprisonment for one year on such court. The sentences have been ordered to run concurrently.

(2.) Briefly stated, prosecution case in that on 13.11.1975 deceased Shukni Devi was getting paddy harvested from her field situated north of the her house in village Sahpur Tola Navipur, P.S. Nirmaly District Saharsa. At about 4 P.M. appellant Bauwalal armed with Khami in company of his wife and Harilal Mahto who was armed with lathi and Soni Mahto who had a bhala, arrived there and they surrounded Shukni. Appellants wife cought hold of Shukni and the appellant inflicted a Khanti blow on the head of Shukni and she fell down injured. On her fall Sonai Mahto inflicted a Bhala blow on her Kanpati causing injury. Shukni succumbed to her injury caused by Khanti. Thereafter Shuknis son Nandlal Mandai (P.W. 3) rushed to rescue his mother. But he was assaulted by means of lathi by Harilal. Thereafter the appellant and Sonai Mahto also assaulted him by means of their respective weapons. Nandlal fell down injured. The alarm raised attracted Gyan Chandra Das (since dead), Sah Nasruddin and Suraj Sah (P.W. 1) who witnessed the occurrence and raised alarm loudly and the assailants escaped.

(3.) According to the prosecutions case, Shukni had dispute with the appellant with regard to the above field since long. A title Suit was decreed in her favour and she had grown the paddy crop in question.