BIRJU MANJHI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) The appellant Birju Manjhi has been convicted under Sec. 396 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 5000/ -. He has further been convicted under Sec. 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and in default of payment of fine, to undergo imprisonment for 6 months. However, it has been ordered that both the sentences shall run concurrently.

(3.) The prosecution case, as alleged in the fardbeyan of the informant Hurava Devi, is that in the night of 11th September, 1990 at about 12 o'clock in the midnight, while she was sleeping in outer Barandah, she heard the sound of her father -in -law Daharu Manjhi to save and he started knocking the door. In the meantime Dayavanti Devi opened the door then accused persons namely Ishwar Mahto, Birju Mahto, Ram Kishun Mahto and two more unknown miscrants, Ghonu Manjhi, Nuneshwar Manjhi, Mauji Manjhi and Riko Manjhi armed with lathi, rod and dagger entered into the house along with 4/5 unknown persons. The informant could not identify the miscreants, who were out of the house. The accused persons caused injury to her father -in -law Daharu Manjhi and the said Daharu Manjhi died due to injuries. The further case is that appellant Birju Mahto assaulted her sister -in -law Dayavanti Devi by dagger on her chest. The accused persons also assaulted the informant by lathi and thereafter all the accused persons took away the boxes containing clothes, jewelleries and papers of the land. When the villagers came then the accused persons fled away after exploding the bomb. The further case is that Dayavanti Devi got injured, who was taken to Katoriya hospital for treatment. The motive of the occurrence is alleged that appellant Birju Manjhi is the husband of Nanad of the informant and the marriage was solemnized about 10 years back, the gauna was performed about 4 years after the marriage and since then it is alleged that the Nanad is subjected to cruelty and even assaulted. A panchayati was also held in this connection in the month of Shravan. The further case is that in the month of Shravan the bidai of the Nanad of the informant was not made on which she was threatened by Birju Manjhi to kill her and it is alleged that with regard to the same threat, the occurrence has been committed in the night by forming an unlawful assembly with deadly weapons and Nanad of the informant was injured by dagger.