MAKKHAN MANDAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these two appeals arise out of the same judgment and, therefore, with the consent of the parties, they have been heard together and are being disposed of by this common judgment.

(2.) Both these appellants were put on trial for offences under sections 394 and 302/34 of the Indian Penal Code.

(3.) On 22-7-1980 at about 10-30 A.M. the informant. Mahendra Prasad Gupta (P. W. 3) along with his uncle Han Prasad Sah was going to the State Bank of India to deposit the money, which belonged to his community. They were going on foot. When they reached near Sheonandan Palace at about 11 A.M. two to three persons came from east and surrounded the informant and his uncle. One of them Bhuneshwar Tanti was armed with pistol (he is absconder). Appellants Mahendra Singh and Makkban Mandal were also there. Appellant Makkhan Mandal tried to snatch away jhola from the hand of his uncle Hira Prasad Sah, which contained money. This resulted in scuffle. When the informant did not allow them to snatch away jhola, Bhuneshwar Tanti fired his pistol which bit right shoulder of Han Prasad Sah due to which he fell down. The informant also received injury and then those three miscreants fled away with bag, which contained money towards east. The informant raised cry on which several persons came there. The condition of Han Prasad Sah was critical. Therefore he was taken to the hospital. Han Prasad Sah died. The informant became nervous and fell down. He became unconscious for sometime. When he came in sense he gave his statement before P.W. 14 which is Ext. 6 on the basis of which formal First Information Report was drawn up and a case was registered. P.W. 14 took up investigation and investigated the case.