FAGUNI MANJHI @ FAGUNIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order, dated 30/31.01.2006, passed by Additional Sessions Judge, F.T.C., 4th, Gaya, in Sessions Trial No. 15 of 2004/103 of 2004, whereby the two appellants have been convicted for the offence under Sections 302/149, 307/149, 147, 452 and 427/149 of the Penal Code. For conviction under Section 302/149, 307/149 I.P.C., they have been directed to undergo R.I. for life, R.I. for ten years respectively with further direction to pay a fine of Rs. 5,000/ - each under both the counts. For conviction under Sections 147, 452, 427/149 of the Penal Code, the two appellants have been directed to undergo R.I. for 1,3,1 year each. The sentences, however, have been directed to run concurrently with further direction that the period already undergone by them in custody during investigation, trial of the case shall be set off against the period of sentence. In default of payment of fine of Rs. 10,000/ -, the two appellants have further been directed to undergo sentence of R.I. for one year.

(2.) PROSECUTION case as set out in the fardbeyan of Lalti Devi, wife of Binod Rawani, of Villagte Gere, Bhuin Toli, Dhankutti, P.S. Mufassil, District - Gaya, recorded by S.I. B.K. Pandey, Officer -in -Charge, Mufassil P.S., on 21.05.2003, at 02 hours, near the house of the informant, in Bhuin Toli, Dhankutti is that on the previous day i.e. 20.05.2003, around 12 noon, there was altercation between the informant and the wife of Goga Manjhi, resident of the same village. Goga Manjhi assaulted the informant, which prompted the husband of the informant Binod Rawani to ask Goga Manjhi as to why did he assault his wife (informant) and to further assault him. The villagers did not intervene but after some time, peace was restored. In the same night, informant along with her husband Binod Rawani, brother -in -law Awadhesh Rawani, Bijay Rawani, Binod Rawani, Legha Manjhi, Ashok Manjhi @ Ashok Rawani, Sambal Singh Manjhi was at home. Besides her husband others present in the house of the informant are resident of Pahartalli. In the night around 08.00 P.M. when the sister -in -law of the informant was also present and working in the house, persons named above, were taking toddy, informant came out of her house and saw 15 -20 men namely, Goga Manjhi, Nanhku Manjhi, Ramanand Manjhi, Siva Nand Manjhi, Suresh Manjhi, Bhutalo Manjhi, Sheo Bhajan Manjhi, Naresh Manjhi, Prakash Manjhi, Nand Kishore Manjhi, Pappu Manjhi, Sanjay Manjhi, Mandeep Manjhi, Faguniya Manjhi, Gunjan Manjhi and Umesh Manjhi, all co -villagers variously armed with lathi, rod, tangi etc., having formed unlawful assembly surrounded, entered her house and began to assault those present in the house. Kiran Devi and Awadhesh Rawani, however, came out of the house and ran away. All the accused -persons assaulted her husband Binod Rawani, Legha Manjhi, Ashok Manjhi @ Ashok Rawani, Sambal Singh Manjhi, brought them out of the house and further assaulted them even outside the house by climbing on their chest. The accused persons also assaulted the victims with lathi, rod, tangi and stone. The four having suffered injury fell down. Accused persons also broke, damaged the roof, house -hold articles, earthen grainery, and utensils and then went away. After departure of the accused persons, informant went inside the house, saw Bijay Rawani lying seriously injured and the house -hold articles scattered. Informant also found Rs. 500/ - (five hundred) kept in her box and Rs. 3,000/ - (three thousand) kept in the earthen pot missing, which was perhaps taken away by the accused persons. It is further stated in the fardbeyan that outside her house informant found her husband Binod Rawani, Legha Manjhi, Ashok, Sambal Singh Manjhi dead. Some -how Awadhesh went to Pahartalli and called her father -in - law. Afterwards police also came and the informant recorded her fardbeyan. Informant further alleged in the fardbeyan that the occurrence continued between 08.00 -12.00 P.M.

(3.) DURING investigation, Investigating Officer prepared inquest report of the four deceased, recorded the further statement of informant Lalti Devi and the injured as also the statement of other witnesses, collected the post mortem report of the four deceased and the injury report of the injured, submitted charge - sheet, against the two appellants, keeping the investigation pending, against the absconding accused.