PAKLU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal under Section 374(2) of the Code of Criminal Procedure was preferred by two convicts i.e. Paklu Manjhi (appellant no.1) and Sudhist Manjhi (appellant no.2) against the Judgment of their conviction and sentence dated 20.02.1993. By the said Judgment dated 20.02.1993, learned 1st Addl. Sessions Judge, Samastipur has convicted both appellants for the offence under Section 302/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life in Sessions Trial No.63/1984/66 of 1989{arising out of Tajpur(Pusa) P.S. Case No.207/1982}.

(2.) During pendency of the appeal, since appellant no.2, Sudhist Manjhi died as informed by learned counsel for the appellants, a Co-ordinate Bench of this Court by order dated 07.10.2017 called for a report from the Superintendent of Police, Samastipur, which was received. Subsequently, by order dated 31.10.2017, in view of report of the Superintendent of Police, it was observed that the appeal in respect of appellant no.2 Sudhist Manjhi stood abated. Now only appellant no.1, Paklu Manjhi is before this Court.

(3.) Short fact of the case is that on 18.08.1982 at 22.30 hours i.e.10.30 P.M., the Sub Inspector of Police Sri R.K.Singh of Waini Police Out Post recorded fardbeyan of Devendra Thakur (P.W.12), brother of the deceased. The fardbeyan was recorded at the place of occurrence i.e. in the village-Gangapur @ Bhagwanpur, Waini , Police Station-Pusa, District-Samastipur. In the fardbeyan, the informant stated that on the same day at 6.00 P.M.(evening), his brother Rajendra Thakur had gone to Waini market through his bicycle. Thereafter, the informant and his co-villager Siyanath Thakur (P.W.17) had also gone to Waini market through cycle. While in Waini Bazar, they were to move, one Ramadhar Thakur (P.W.16) of village Tepura met him. In the meanwhile, the informant's brother Rajendra Thakur(deceased) at about 9.00 P.M. (in the night) on his cycle proceeded ahead the informant and other two witnesses and the informant with other two followed him. About 100 yards from the place of occurrence, they heard screaming of his brother Rajendra Thakur. Thereafter, immediately they rushed to the place of occurrence. The informant disclosed that Ramadhar (P.W.16)was carrying three-cell torch in his hand and in the said torch light, he noticed that his brother Rajendra Thakur was lying and his villagers, accused Paklu Manjhi (appellant no.1), Sudhist Manjhi (appellant no.2), Bahadur Manjhi, Sonelal Manjhi, Ram Pravesh, Sadhu Sharan Rai, Rohit Rai, Brahamdeo Rai total about 12-13 persons were assaulting his brother. It was alleged by the informant that appellant no.2 Sudhist Manjhi having Fasuli (Scythe) and Ram Pravesh Rai having Chhura (knife) were assaulting on the neck of his brother and other accused persons were assaulting by means of Lathi. Thereafter, the informant raised hulla. Then all accused persons fled away. The informant further disclosed that while they reached nearer to the injured(deceased), the injured disclosed that Sudhist by means of Fasuli (Scythe) and Ram Pravesh Rai by means of Chhura (knife) had assaulted him and, thereafter, the injured did not say anything and died. In the meanwhile, on hulla, several witnesses arrived there. Thereafter, number of persons including Md. Raish (P.W.11) arrived there. The informant further stated that he noticed several injuries on the person of his brother, particularly on his neck and other portion of his body and he also found at the place of occurrence one lathi, one knife, one Fasuli and other articles and he started crying. He stated that immediately thereafter, Daroga Ji and number of constables also arrived there, before whom he gave his fardbeyan. The reason for the occurrence was explained by the informant that about one week prior to the occurrence, due to grazing the field of the deceased through buffalo by appellant Paklu Manjhi, there was some altercation and Paklu Manjhi was abused by Rajendra Thakur(deceased) and at that very time, Paklu had said that his brother was not present there and had threatened to kill him.