LAWS(PAT)-1956-8-10

BARISA MUDI Vs. STATE

Decided On August 07, 1956
BARISA MUDI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Additional Sessions Judge of Manbhum-Singhbhum at Purulia has convicted appellant Barisa Mudi under Section 302 of the Penal Code and has sentenced him to undergo transportation for life. He has also convicted this appellant under Section 148 of the Penal Code but has not imposed any separate sentence under that section. He has convicted the other appellants under Section 326/149 and also under Section 148 of the Penal Code and has imposed different sentences of imprisonment under those sections.

(2.) The dispute between the parties relates to the possession of plot No. 1121 appertaining to khata No. 80 of mauza Sidhabari which is popularly known as Dubakhet or Simul Kanali. The holding including plot No. 1121 was originally recorded in the names of some Mudis including one Sitaram Mudi. Appellant Jitan Mudi is a descendant of Sitaram. With the exception of Jitan and his brother Ishwar, the tenants surrendered their interests in the holding to the landlords who were also Mudis. On the 13th May, 1953, several of the landlords settled plot No. 1121 and other lands with several persons including Mansaram Mahato (P.W. 5), Parbati Mahato (P.W. 10), Manga Mahato (P.W. 16) and deceased Mahindi Mahato. Some of the settlees filed a petition (Ex. 1) before the Gram Panchayat and it was received by the Sar Panch (P.W. 1) and the Mukhia (P.W. 2) on the 24th June, 1953. It was alleged in this petition that it was inconvenient for the petitioners to hold the land jointly with Jitan Mudi. On this basis, a prayer for partition was made. It appears that the petition is still pending with the Gram Panchayat.

(3.) The prosecution case is that, at 8 a.m. on the 6th August, 1953, Mansaram (P.W. 5) noticed the appellants and others ploughing plot No. 1121, i.e., Dubakhet. He informed all his co-sharers and, thereafter, he, deceased Mahindi Mahato, Sraban Mahato (P.W. 4), Kalipada Mahato (P.W. 9), Parbati Mahato (P.W. 10), Babulal Mahato (P.W. 11), Manu Mahato (P.W. 15), Manga Mahato (P.W. 16) and Kisto Mahato (P.W. 17) went to Dubakhet. When they arrived closed to Dubakhet, they found that the appellants and their companions were armed with various weapons and had six ploughs with them. Mahindi Mahato (deceased) asked the appellants' party why they were ploughing the land and the members of that party then abused the party of the prosecution witnesses. There was an exchange of abuses between the parties. Appellant Barisa, who was armed with a tabla, ran to the place where the prosecution witnesses were standing and struck Mahindi Mahato with his tabla on the head. Mahindi fell down and became unconscious. Appellant Amulya Mudi came and struck Mansaram (P.W. 5) with a tabla, whereupon Mansaram snatched a lathi from appellant Bhim Mudi and struck Amulya with it. Gosta of the appellant's party assaulted Kalipada (P.W. 9) with a tabla. The other appellants pelted stones at the party of the prosecution witnesses and then fled away with their ploughs. Mahindi Mahato died in the way when he was being taken to the police station.