KAMAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Kamal Mandal, has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life by judgment and order of conviction dated 30-5-1990 in Sessions Case No. 377 of 1984.

(2.) The case of the prosecution in brief is that on 14-12-1982 at about 6-30 p.m. the informant Lila Devi and her husband Mahadeo Mandal, were ploughing their field situated at village Bandri P. S. Saraiyahat. The appellant and his wife were irrigating their field near the aforesaid field. The appellant came to the place of occurrence and asked not to plough the field unless the same is partitioned. The husband of the informant replied that this land has already been partitioned between them and he has right to plough the land. On this altercation took place between them and it is said that the appellant gave spade blow from the blunt portion on the head of Mahadeo Mandal, the deceased, who fell down and became unconscious. It has also been alleged that Bhagwati Devi, wife of the appellant, also assaulted the informant by fist and slap. On Hullah, several witnesses came at the place of occurrence.

(3.) On the written report of the informant first information report (Ext. 6) was drawn on the same day at 11 a.m. The injured was sent to Saraiyahat State Dispensary where the injury report (Ext. 3/1) was prepared. Thereafter, he was sent to Dumka hospital for treatment where he died in the night. After investigation charge-sheet was submitted against the appellant for the offence under Section 302/34 of the Indian Penal Code. On receipt of the charge-sheet in the Court, cognizance was taken and the case was committed to the Court of Session. At the initiation of the trial, charge under Section 302 of the Indian Penal Code was framed against the appellant and after conclusion of the trial he was convicted for the offence under Section 302 of the Indian Penal Code and was sentenced to imprisonment for life as stated above.