JAGMOHAN PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE facts of the case depicted a sordid and distressing story of the manner in which the incident leading to the commission of murder of 32 year old Prabhash Mandal occurred in broad day light in a sequel to quarrle and exchange of hot words over trifling matter. In the morning at about 8.00 A. M. on 29.6.1985, the informant Anesh Mandal (RW. 5) and his brothers Gurudeo Mandal and Prabhash Mandal (deceased) were planting cauliflowers in their field situated to the west of their village home. Just the, she -goat of appellant Jagmohan Pandit (hereinafter the &aposappellant&apos to be called accused) strayed into their field. The deceased tended and drove away the goat from the field by pelting stone/ Dhela on it. This infuriated Jagmohan Pandit and he abused the informant and his brothers. There ensued exchange of hot words and quarrel between them. In pursuance of hue and cry and call given by Jagmohan Pandit other accused persons Maheshwar Pandit (died before commecement of trial), Prakash Pandit, son of Bharat Pandit @ Bhagirat Pandit both having guns in their hands, Nageshwar Pandit armed with pistol, Kishore Pandit, Prakash Pandit, son of Siya Pandit with lathi in their hands, Ramswaroop Pandit having a spear and Bharat Pandit (empty handed) arrived at the scene. Soon Jagmohan Pandit ordered and instigated his associates to eliminate the deceased and in pursuance of his order Maheshwar Pandit and Prakash Pandit, son of Bharat Pandit opened fire upon him as a result of which he sustained injuries. The deceased Prabhash Mandal was taken to Bhagalpur Medical College Hospital (B.M.C.H.) where he died in course of treatment a few hours later.

(2.) WITH the aforesaid accusations the fardbeyan of Anesh Mandal (P.W. 5) was recorded by Shatrughan Singh, Assistant Sub Inspector of Police at B.M.C.H. at 11.30 A.M. on 29.6.1985 in presence of Naresh Mandal (P.W. 6) and Sikandar Mandal (P.W. 7) who also put their signatures thereon. Shatrughan Singh (not examined), who recorded the fardbeyan prepared inquest report and caused the dead body of the deceased to be sent to the mortuary for autopsy which was held by Dr. Nagendra Narayan Bhagat (P.W. 10). The fardbeyan was transmitted to Nath Nagar Police Station for registration of case on the basis of which Nath Nagar P.S. Case No. 77 of 1985 was registered u/s. 302 besides some other sections of the Penal Code (hereinafter to be referred to as the Code) as well as u/s. 27 of the Arms Act against all the eight accused persons including Maheshwar Pandit (since dead). Suresh Dubey, Sub Inspector of Police, Nath Nagar Police Station (P.W. 9) soon after receiving the fardbeyan took up investigation. He inspected the place of occurrence, recorded statement of witnesses, collected inquest report and post -mortem examination report and after completing investigation and complying with necessary legal formalities laid chargesheet and finally the trial commenced after commitment.

(3.) THE defence set up by the accused before the trial court as well as this Court was that of total denial and false implication.