RAJESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appeals, one on behalf of three appellants and the other by a single appellant are directed against the same judgment and order of the trial Court. All the four appellants are sentenced to undergo rigorous imprisonment for life and a fine of Rs. 25,000/ - under Sections 302/34 of the Penal Code. On default in payment of fine they would further undergo imprisonment for two years. All of them are additionally convicted under Section 27, Arms Act and sentenced to undergo rigorous imprisonment for three years on that score. The two sentences of imprisonment were directed by the trial Court to run concurrently.

(2.) FACING the trial before the Court below there were three other accused, apart from the four appellants. Those three were, however, acquitted on all charges and the appellants alone were convicted and sentenced as stated above.

(3.) COMING now to the manner in which the occurrence was first described by the informant Mirtunjay Kumar, son of the deceased Kapildeo Sharma, I advert to his fardbeyan recorded by the SI of police of Chausa Police Station at the Darwaza of Raksha Mandal on 30.9.1998 at 11 p.m. The informant gave his statement in presence of his uncle Damodar Sharma (PW 7), the older brother of Kapildeo Sharma. The informant after stating about his father and the other Chowkidars being given the Mela duty from 28.9.1998 said that on 30.9.1998 at about four in the evening he had gone to Bhitta Tola Durga Asthan for visiting the Mela. He went around the Mela along with his late father and since there was a dance programme in the evening, he decided to stay there for the night. At about quarter to eight Raksha Mandal who was the main organiser of the Mela came (to them) and told his father that the food was ready and asked him to go and have the meal. Thus requested, his father Kapildeo Sharma, Chowkidar Bhudeo Sharma and Chowkidar Chandra Badan (PW 2) proceeded from the Mela to his house and the informant also went along with them. At the Darwaza of Raksha Mandal tube lights were fixed right from his house upto the Mela site, making the entire area very bright and lighted. At the Darwaza of Raksha Mandal some chairs and chowkies (wooden cots) were laid out. His father Kapildeo Sharma and Chowkidar Chandra Badan Paswan (PW 2) sat down on two chairs facing towards east. Chowkidar Bhudeo Sharma lay down on a chowki lying on one side. By the side of that chowki the brother of the son -in -law of Raksha Mandal sat down on a chair. Having thus got every one settled Raksha Mandal went to his house for getting the food served. At that time it was about eight in the evening and the other Chowkidars were also corning there by and by. As soon as Raksha Mandal went to his house, there appeared twenty to twenty five criminals in the lane towards his house in the north. They were all armed with rifles and guns etc. Their faces were plainly visible in the bright light and among them the informant was able to identify one Baudha Mandal, Rajo Mandal (the sole appellant in Cr. Appeal No. 327 of 2001), Kailash Mandal, Sanjay Mandal, Rajesh Mandal and Dilip Mandal (the last three being appellants Nos. 3, 1 and 2 respectively in Cr. Appeal No. 309 of 2001). He was unable to identify the other accused but stated that he had seen their faces clearly in the bright light. Baudha Mandal fired a shot from his rifle. The shot hit his father on the chest and he fell down from the chair. All the accused then surrounded them from all sides. At this point Chowkidar Chandra Badan Paswan (PW 2) swiftly moved to a dark comer, pulling him along with him. They hid there and witnessed the entire occurrence from that spot. Out of fright, Bhudeo Sharma crawled down under the cot. But Rajo Mandal fired at his from point blank range. Kailash Mandal again fired at his father. Sanjay Mandal, Rajesh Mandal and Dilip Mandal also fired shots at his father and Chowkidar Bhudeo Sharma. The rest of the accused also made indiscriminate firing. In the mean while one of the family (members) of Raksha Mandal (meaning, Ramchandra Mandal &aposRaman&apos, the brother of his son -in -law) tried to flee away. But he was also hit by a shot and fell down. The criminals stayed there for about five minutes. The informant went on to say that apart from those identified by him the faces of the other accused were also clearly seen by him and by Chandra Badan Chowkidar and the other Chowkidars on duty there and on seeing again they would be able to recognise them. After the criminals left, the informant and Chandra Badan Chowkidar rushed to the spot. Other Chowkidars also came there. They found that his father and Chowkidar Bhudeo Sharma were already dead and blood was freely flowing from their bodies. The family member of Raksha Mandal was still alive. He was put on a cot but at that moment he too died.