SARJUG MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE five appellants are aggrieved by the judgment dated 8.4.1988, passed by the learned 10th Additional Sessions Judge, Munger, in Sessions Case No. 215 of 1985 (State of Bihar V/s. Saryug Manjhi and five Ors.), whereby they have been convicted under Section 302 read with Section 149. of the Indian Penal Code, and have been sentenced to undergo rigorous imprisonment for life. Appellant No. 1 (Sarjug Manjhi), appellant No. 3 (Yogendra Manjhi), and appellant No. 5 (Kishun Manjhi) have been further convicted under Sections 147 and 323 of the IPC, and have been sentenced to undergo rigorous imprisonment for one year each under both counts. Appellant No. 2 (Jagdish Manjhi) has been further convicted under Sections 148 and 324 of the IPC, and have been directed to undergo rigorous imprisonment for one year under Section 148, IPC and rigorous imprisonment for two years under Section 324, IPC. Appellant No. 4 (Kailash Manjhi) has been further convicted under Sections 148 and 323 of the IPC and has been directed to undergo rigorous imprisonment for one year.

(2.) All the sentences have been directed to run concurrently. It may be stated for the sake of completion of record that one Gareri Manjhi, a co -accused before the learned trial court, has been acquitted and his case does not arise for our consideration. According to the Fardbeyan (Exhibit -1) of Anup Lal Manjhi (P.W. 5), recorded on 10.5.1983, at 10.00 P.M., with Dharhara Police Station, district Munger, that one Kishun Manjhi (appellant No. 5), a resident of his village has been given two cows by the Dharhara Block which were not to be found for 15 -20 days. On 10.5.1983, at about 7.00 P.M., Kishun Manjhi came to the place of the informant and charged him of theft of cows which the informant denied and led to exchange of hot words. This was followed by very abusive language at the instance of the appellants. Appellant No. 1 (Sarjug Manjhi) gave a call to assault the informant after entering into his house. Appellant No. 2 (Jagdish Manjhi) was armed with a bhala. Kailash Manjhi was wielding Bijar (bow and arrow). Appellant No. 1 (Sarjug Manjhi), appellant No. 3 (Yogendra Manjhi), and appellant No. 5 (Kishun Manjhi) were wielding lathis. Appellant No. 2 (Jagdish Manjhi) thrust a bhala towards the informant which he wanted to catch hold of, and he suffered scratches on his neck and blood started oozing out. Appellant No. 2 had delivered another bhala blow on the informant which hit him on his left armpit and the other accused persons delivered lathi blows. The appellants also delivered lathi blows on his father, Bango Manjhi. It is further stated in the Fardbeyan that Punai Manjhi (P.W. 2), who was purchasing some articles in the shop of Anandi Sao across the road, was also struck by the Bijar released by appellant No. 4 (Kailash Manjhi) and was injured. He was only trying to intercede and pacify the appellants. On hearing nulla, co -villagers, namely, Badri Manjhi (P.W. 3), Samar Manjhi and others reached there and saved and protected the informant 'sside from further assault. On the arrival of the co -villagers the appellants fled away. The informant 'sfather was seriously injured, was unable to work and his condition was critical. On these allegations formal F.I.R. was drawn bearing Dharhara P.S. Case No. 0071 of 1983, dated 10.5.1983, under Sections 147, 148, 324, 323 and 307 of the IPC. It is further relevant to state that Bango Manjhi died at about 12.00 in the night.

(3.) INVESTIGATION commenced, inquest report (Exhibit -4) was prepared and the dead body was sent for post -mortem. The post -mortem report is marked Exhibit -2. Anup Lal Manjhi, the informant (P.W. 5), was also referred to the Medical Officer for examination of his injuries. The medical report is marked Exhibit -3. On conclusion of the enquiry, charge -sheet was submitted, cognizance was taken by the learned Additional Sessions Judge, who framed charges by his order dated 5.6.1986. He framed the charges against the appellants as well as Gareri Manjhi under Section 302 read with Section 149 of the IPC. Charges were also framed against Gareri Manjhi and Jagdish Manjhi (appellant No. 2) under Section 324 of the IPC. Charges were also framed against Sarjug Manjhi (appellant No. 1), Yogendra Manjhi (appellant No. 3), Kailash Manjhi (appellant No. 4), and Kishun Manjhi (appellant No. 5) under Section 323 of the IPC.