INDAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application in revision there are three petitioners. They have been convicted under Section 332. Indian Penal Code with one year's rigorous imprisonment each Petitioner Dhanoo Mandal has been further convicted under Section 224 of the Penal Code with one year's rigorous imprisonment and the other two also under Section 225 of the Penal Code each with one year's rigorous imprisonment. The sentences against them are to run concurrently They are all residents of mouza Rewasi Pakri within Sitamarhi Police Station in the district of Muzaffarpur. There were bailable warrants of arrest (Exs. 1. 1/1 1/2 and 1/3) issued by a Magistrate of Sitamarhi against four different persons, and one of these warrants (Ext. 1) was issued against petitioner Dhanoo Mnndal for his apprehension in connection with a proceeding under Section 107 of the Code of Criminal Procedure. This was dated the 30th September, 1962, and the date fixed in the proceeding under Section 107 of the Code of Criminal Procedure was the 18th October, 1962 The warrants including the warrant (Ext. 1) were endorsed by the Magistrate for execution to the Officer in-charge of Sitamarhi Police Station, and the Officer in-charge of Sitamarhi Police station in his turn endorsed the warrant (Ext. 1), apart from the other warrants, to constable Hirday Narain Mishra for execution. This endorsement is dated 7-10-1962 and has been marked as Ext. 2.

(2.) It was on the 22nd October, 1962 that constable Hirday Narain Mishra (P. W. 7) was commanded by the Officer-in-charge with a command certificate (Ext. 3) to proceed to execute the warrants of arrest relating to four persons including petitioner Dhanoo Mandal It was al about 1 p.m. on the 24th October, 1962 that P W 7 visited village Rewasi Pakri, which was eleven miles west from Sitamarhi Police Station, and went to the Darwaja of petitioner Indar Mandal who happened to be the Chaukidar P W 7 enquired of Indar Mandal about petitioner Dhanoo Mandal, and on his pointing of Dhanoo Mandal, the constable (P W 7) approached Dhanoo Mandal and apprised him of the warrant of arrest against him. The constable wants to arrest Dhanoo Mandal, when there was a scuffle between the two. They both came to grips. Thereafter, petitioners Indar Mandal and Rajib Mandal asked the constable to spare Dhanoo Mandal since he was their man but when the constable did not release Dhanoo Mandal. Rajib and Indar caught the hands of the constable and twisted his right wrist, as a result whereof it caused a fracture of his right wrist. Dhanoo Mandal got free and made good his escape There was a hulla which attracted to the scene Lakshman Mahto (P W 5) and Mahanth Sahni (P W 4) amongst others who all saw the occurrence.

(3.) The constable (P W 7) made a report of the whole episode on the back of warrant (Ext 1) itself and lodged first information report before the officer-in-charge of Sitamarhi Police station the same day at 10 15 p.m. The case was duly investigated and the three petitioners in due course were put on trial before the learned Assistant Sessions Judge after commitment enquiry. The learned Assistant Sessions Judge has convicted and sentenced these petitioners in the manner aforesaid, and their convictions and sentences have both been upheld on appeal by the learned Additional Sessions Judge by his order dated the 20th July, 1964. The petitioners have since filed this revision application.