SAHENDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Sec. 302 of the Indian Penal Code (shortly to be referred to as 'the Code') and has been sentenced to undergo rigorous imprisonment for life. This is a very unfortunate case. The deceased and the appellant were full brothers. Another accused Agnu Mandal, who died before trial commenced, was the father of this appellant as well as of the deceased. It is said that about a year before the occurrence, there was separation, in which the appellant and accused Agnu Mandal already dead lived together and the deceased Mahendra Mandal separated himself.

(2.) On 26 -11 -1976 at about 7 to 7.30 A.M. in the morning the deceased Mahendra Mandal had gone to plough his field. His servant PW 7 Sitwa Bagwe came to his house to take barley seeds to be sown in the field. PW 5, wife of the deceased Mahendra Mandal was in her house. When PW 7 Sitwa was taking barley seeds, Agnu Mandal came and assaulted him, due to which Sitwa PW 7 sustained some injury. He (PW 7) fled away and went to the field where the deceased was ploughing and informed him that he was assaulted by his father. Therefore, he would not go to his house. Hearing this news deceased Mahendra came to his house and asked his son Pramod to drive the bullocks to his house. When the deceased came to his house, this appellant along with his father Agnu Mandal came in the Angan of the deceased hurling abuses to him. This appellant had a sword in his hand and Agnu had a Farsa. This appellant and Agnu assaulted the deceased in the Angan with their weapons. His wife (PW 5) and his son Pramod entered in the room to save themselves and they closed the door from inside. This appellant and Agnu tried to break the door and when they were unsuccessful in breaking the door, they took out the door planks and entered into the room. This appellant assaulted the deceased with sword and Agnu assaulted with Farsa. Deceased fall down. Thereafter Agnu Mandal got on the chest of the deceased and caught hold of his both hands. This appellant then cut the throat of the deceased with sword with the result that the deceased died then and there. PW 5 was also assaulted by this appellant with the sword. PW 5 was in the family way at that time and the time of delivery was almost complete. She was assaulted on her abdomen due to which the baby in the womb also received injury with the result that the baby died in the womb itself. She sustained several injuries. She became unconscious, but after sometime she regained her senses. Villagers assembled there. She narrated about the occurrence to the villagers.

(3.) The brother of PW 5 Ramlal (PW 11) had come to the house of the deceased one day prior. The mother of PW 5 was also in the house, it is said that when PW 11 wanted to save his sister and sister's husband, this appellant chased him to assault and due to fear he fled away in the village and raised alarm. PW 6, who is mother of PW 5 also tried to save her son -law and her daughter. She was also pushed aside and was dragged out of the house. Thereafter this appellant and his father closed the door of the Angan from inside and committed the aforesaid offence.