MOHAN MANDAL; SANDEEP MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Mohan Mandal and Sandeep Mandal @ Sandeep Kumar Mandal have been found guilty for an offence punishable under Section 307/34 of the I.P.C. and each one has been sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for one year, additionally, vide judgment of conviction dated 28.04.2015 and order of sentence dated 30.04.2015 passed by the 1st Additional Sessions Judge, Darbhanga in Sessions Trial No.51 of 2005.

(2.) Pw-5, Ram Sewak Mandal while he along with his nephew Indrakant Mandal (PW-2) and Bhabho Fulo Devi (PW-3) were admitted at P.H.C. Baheri gave his fard-bayan on 27.11.2003 at about 7.45 p.m. disclosing that on 26.11.2003, Ram Lakhan Mandal and his sons forcibly ploughed the disputed land relating to which Title Suit was pending since before and for that, today at about 4.00 p.m., he had gone to the place of Lakhan Mandal and enquired, when Title Suit is going on relating to the land then why he ploughed the same over which Ram Lakhan Mandal and his sons Mohan Mandal and Sandeep Mandal attacked upon him to assault as well as also abused. He returned back to his house followed by aforesaid three persons armed with lathi, farsa. He, seeing these persons coming to his place duly armed entered into inside his house in order to take out a lathi to defend himself and during midst thereof, his nephew Indrakant Mandal and Fulo Devi, who were at the darwaza, were assaulted. His Bhabho was assaulted with farsa over her leg and nephew Indrakant Mandal was assaulted over head. When he came out, Ram Ashish Mandal, Fulo Devi wife of Lakhan Mandal, Mohan Mandal came with lathi and encircled him and then thereafter, began to assault him as well as his nephew and Bhabho. On hearing hue and cry, Ram Prasad Mandal along with others came in their rescue. The motive for the occurrence has been suggested as land dispute.

(3.) On the basis of the aforesaid fard-bayan, Baheri P. S. Case No.130 of 2003 has been registered followed with an investigation as well as submission of chargesheet, happens to be the basis of trial, which met with ultimate conclusion, subject matter of instant appeal.