CHOWA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 28.3.1989 passed by Sri. Baleshwar Prasad Singh, 1st Addl. Sessions Judge, Giridih, in S.T. No. 79 of 1981/50 of 1983 where by and whereunder he convicted the accused -appellants -Prayag Mandal and Rameshwar Mandal under Sections 302/109 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. The court below further found the other four accused persons appellants guilty under Section 302/34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life, Koka Mandal, Kalo Mandal and Ghanshyam Mandal were found guilty under Section 323 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for six months each by the court below. Accused -appellant Prayag Mandal was further found guilty under Section 148 of the Indian Penal Code and rest of the accused persons were also found guilty under Section 147 of the Indian Penal Code and were convicted accordingly, but no separate sentence was passed on this count. However, it was ordered that all the sentences would run concurrently.

(2.) FARDBEYAN of Ugan Mandal son of Kaila Mandal of village -Karmat and, P.S. Birni, district -Giridih, was recorded in the Sadar Hospital, Giridih, on 25.6.1980 wherein he alleged that he is having one mango tree situated at village -Mahuat and, which has planted by his ancestors. The said tree is situated at the ARE of the land of accused Koka Mandal. It was further alleged that accused -Koka Mandal, Chowa, Mandal, Ghanshyam Mandal, Kalo Mandal and Ors. were planning to cut that mango tree on the previous night, on which they protested. Some altercation had taken place between the partied. It was further alleged that on 23.6.1980 in the morning at about 7 a.m. the informant (Ugan Mandal) along with the his cousin -Shankar Mandal was ploughing the land situated towards the Eastern side of the village, when the accused -Chowa Mandal, Koka Mandal, Ghanshyam Mandal, Kalo Mandal, Prayag Mandal and Rameshwar Mandal came over three armed with lathi and Tangi etc. As soon as they came, they started abusing and chasing them in order to assault them. The informant and his cousin -Shankar Mandal started running away and he accused persons followed them and when they could not get the informant and his cousin, they returned, as when they reached near the house of Shyamlal Mandal, the uncle of the informant namely, Jhalar Mandal was standing there who enquired from them as to what is matter, on which Chowa Mandal hit him on his head with lathi, as a result of which he received injuries and fell down and thereafter Koka Mandal, Ghanshyam Mandal and Kalo Mandal assaulted him with lathi. Prayag Mandal and Rameshwar Mandal were instigating them to kill. It was further alleged that the uncle of the informant raised alarm, as a result his son -Dhanu Mandal and nephew -Bhuneshwar Mandal also reached there. They were also assaulted by Chowa Mandal, Kalo Mandal and Ghanshyam Mandal by lathi. Bhuneshwar Mandal was assaulted by Koka Mandal by lathi on his head. On alarm the villagers came and saw the occurrence. As the condition of Jhalar Mandal became serious, he was taken to Darpahari on a rot and from there he was shifted to Giridih Hospital by a bus, where he died. On the basis of the aforesaid fardbeyan of Ugan Mandal a formal first information report was drawn up and the police took up investigation of the case. Post mortem on the dead body was conduced in the hospital and after completing investigation the police submitted charge -sheet against all the six accused persons. ;

(3.) THE prosecution in all has examined eight witnesses in this case. Out of whom, PW 7 is Doctor K.P. Verma who conducted postmortem on the dead body of the deceased -Jhalar Mandal son of Tulshi Mandal of village -Karmat and. PW 7 has stated that he found the followings: