MANGAL MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted u/s. 302 of the Indian Penal Code and has been sentenced to undergo for life imprisonment.

(2.) THE prosecution case in short is that on the date of the occurrence at about 2.30 P.M. eight she buffaloes of Jagdish Mehta, Mahendra Mehta and Denalal Mahto were grazing in the land of Harihar Ram. At that time, it is alleged that the accused Ram Kishun Yadav, Sukhi Ray alongwith other persons came there armed with arrow, Bhala, Farsa and Lathi. They abused Jagdish Mahto and others. It has been stated that they also seized the cattle and brought them on the pitch road for impounding them. The informant, Sitaram Mahto came there and told them to release the seized cattle, Danalal Mahto, Laxman Mahto (deceased), Bisheshwar Mahto, Babujee Mahto, Mahendra Mahto and others also came in support of the informant. The accused Ram Kishun Yadav asserted that the catties were grazing Rahar and Bean plants in his field and he refused to release the same. Thereafter, there was some altercation between them. It has been alleged that in the meantime, two person suddenly emerged out of the house of Sukhi Rai they were armed with bow, arrow and farsa. One of the accused shot an arrow which hit right Panjra of Laxman Mahto sustaining injury as a result of which he fell down and died. It has also been stated that accused Ram Kishun Mandal also assaulted with lathi on the person of the informant who received injury on his palms and Danalal Mahto was also assaulted.

(3.) IT has been also stated that in the meantime while this occurrence was going on one Jog Narain Lal Das proceeded to the police out post at Bhimnagar and informed the Sub -Inspector of Police regarding the occurrence and on that basis Sanha was entered and the S.I. also came there.