BHOLA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Bhola Mandal has-been convicted for life imprisonment under Section 302 of the Indian Penal Code. He has been further sentenced to undergo R.I. for two years for the offence under Section 27 of the Arms Act. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case, in short, is that one Daya Nand Mandal used to cultivate 10-12 Bighas of lands of Tarkeshwar Singh for which appellant Bhola Mandal had got agreement of sale executed in his name. One Bindeshwari Mandal was also trying to purchase the same land. It has been alleged that the accused (Daya Nand Mandal), who died during trial had, enmity with him which caused bitterness between the men of Daya Nand Mandal and Bindeshwari Mandal. The uncle of the informant Jawahar Mandal wanted to solve the dispute amicably. It appears that on 19.11.1994 at about 1.30 p.m. the said Jawahar Mandal, uncle of the informant was going to village Dhonora in connection with sell and purchase of grain. When he was crossing through Bungalow of appellant Daya Nand Mandal, Bhola Mandal and Sudhir Kumar Singh (who is not facing trial at present) were also present there. It has been stated that the deceased Jawahar Mandal was a social man and he went to Bungalow of Daya Nand Mandal and asked him not to indulge in groupism for land of another person and he being a social worker also advised him to settle the dispute amicably and advised him to let the lands be purchased by the person who wanted to purchase the same. But after hearing his advice, Daya Nand Mandal became angry and started abusing him saying that he is the dallal of Bindeshwari Mandal, It has been alleged that all the three persons who were present at the Bungalow took out pistol and fired at Jawahar Mandal. It is alleged that the firing made by Bhola Mandal and Daya Nand Mandal hit the chest of the deceased (Jawahar Mandal) as a result of which he felled down and died instantaneously at the spot. On hearing the sound of firing Arjun Mandal, another uncle of informant came there and he was also shot by Daya Nand Mandal. This occurrence was seen by Niranjan Mandal and Permanand Mandal, Anil Mandal and Sarjug Mandal. Many other villagers also came and saw the occurrence. However, when the accused saw them, they fled away. On the basis of the fardbey an (Exhibit-4) of the informant, an FIR (Exhibit-5) was lodged at Kahalgaon Police Station. The Police after investigation submitted charge-sheet against, the accused persons. Accordingly, cognizance was taken and the case was committed to the Court of Sessions for trial. Ultimately, trial concluded with the result indicated as stated above. The appellant pleaded not guilty and submitted that he had been falsely implicated in this case due to enmity.

(3.) The prosecution in support of its case altogether examined 12 witnesses, PW 1 is Om Prakash Mandal, PW 2 is Bindeshwari Mandal, PW 3 is Anil Mandal, PW 4 is Narendra Singh, who has been declared hostile, PW 5 is Permanand Mandal, who has also been declared hostile, PW 6 is Pramod Mandal, PW 7 is Niranjan Mandal, PW 8 is Sarjug Mandal, father of the informant, PW 9 is Suresh Mandal. He is the informant of this case. PW 10 is the medical expert Dr. Nagendra Narain Bhagat, PW 11 is Kumar who has proved some witnesses. PW 12 is Girish Kumar Ambastha, who is investigating officer of this case.