CHANDER MANDAL AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four criminal appeals arise out of Barhara P.S. Case No. 55 of 2000. Cr. Appeal Nos. 1141, 1193 both of 2006 and 129 of 2007 arise out of judgment and order dated 14/15.11.2006 passed in Sessions Trial No. 1162 of 2001, Trial No. 46 of 2003 where under appellants in the aforesaid three appeals have been convicted for the offences under Sections 302/34, 364 of the Penal Code and sentenced to suffer rigorous imprisonment for life and R.I. for 10 years respectively. Criminal Appeal No. 536 of 2013 is arising out of judgment dated 9th April, 2013 passed by Ad hoc (1).

(2.) The prosecution case as set out in the Fardbeyan of informant Nirmala Devi, P.W. 4 in the first trial and P.W. 3 in the second trial recorded by S.I. Pramod Kumar Rai of Barhara P.S. on 26.06.2000 at 22.30 hours in the plot of the informant is that her name is Nirmila Devi, wife of late Ganesh Mandal resident of village Godhiyari, P.S. Barhara, District-Purnia and that she is recording her Fardbeyan on Monday 26.06.2000 at 22.30 hours before the Officer Incharge of Barhara P.S. by the side of the dead body of her husband Ganesh Mandal and son Manoj Kumar Mandal. That in the evening of 26.06.2000 around 9.00 P.M., her husband Ganesh Mandal having taken his dinner went out of the house at the entrance for sleeping. Her son Manoj Kumar was taking his dinner. All of a sudden noise was raised at the entrance, she came running and saw her husband surrounded by co-villagers Dinesh Mandal, Ghanshyam Mandal, Lachcho @ Laxman Mandal, Chutaharu Mandal, Palta Paswan and 7-8 unknown accused persons variously armed dragging him towards east on brick soling road. The informant raised alarm, her sons Manoj Kumar, Binod Kumar and Subodh Kumar came running. Manoj Kumar even attempted to secure release of his father where after he was also apprehended and dragged. The accused persons having covered some distance leaving the road on the left hand side moved towards the orchard. The villagers and others began to look for the two victims in the northern side of the block. Meanwhile, 4-5 shots were heard from eastern side. Informant and others also slowly moved in the same direction looking for the miscreants and reached Chulahi(1)

(3.) In support of the charges framed in the earlier trial altogether seven witnesses were examined. P.W. 1 Deo Narayan Mandal is a co-villager of the informant and the accused persons. He has been declared hostile by the prosecution. P.W. 2 Binod Kumar Mandal and P.W. 3 Subodh Kumar Mandal are the two sons of the informant. They have supported the occurrence. P.W. 4 Nirmala Devi is the informant, P.W. 5 Baijnath Mandal is also a co-villager of the informant and the accused persons. He has also been declared hostile. P.W. 6 Dr. Ashok Kumar Pathak is the Medical Officer who conducted post mortem on the dead body of Ganesh Mandal and his son Manoj Kumar Mandal. P.W. 7 Ganesh Kumar Mandal is the Advocate's Clerk, a formal witness who proved the handwriting and signature of Pramod Kumar Rai, Officer Incharge Barhara P.S. over the F.I.R. Out of the aforesaid seven witnesses, P.W. 1 and 5 have not been examined in the subsequent trial as they were declared hostile in the earlier trail. The other five prosecution witnesses have been examined in the subsequent trial but their seriatim is different as in the subsequent trial P.W. 2 and 3 of the earlier trial have become P.W. 1 and 2, informant is P.W. 3, Doctor P.W. 6 has been examined as P.W. 4 and Advocate Clerk P.W. 7 has been examined as P.W. 5. The defence has also examined one witness D.W. 1 Ramesh Chaurasia, who has claimed in his evidence that in the evening of occurrence itself, the miscreants also abducted him along with the husband and son of the informant but released him after he accepted their dictate to pay extortion money.