NANHKU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred for setting aside the judgment dated 15.06.1995 passed by the learned 1st Additional Sessions Judge, Jehanabad in Sessions Trial No. 11/93 (S.J.) / 88/93 (A.D.J. I) (hereinafter referred to as 'the trial court') by which the learned trial court has held Nanhku Manjhi (appellant no. 1) guilty U/S 302 IPC whereas Jawahar Manjhi, Tasu Manjhi and Badri Manjhi have been convicted U/S 302/149 IPC but they have been acquitted U/S 307 IPC. All the convicts have been sentenced to undergo rigorous imprisonment for life.

(2.) It appears from I.A. No. 2676 of 2017 that during pendency of the present appeal, except Jawahar Manjhi (appellant no. 2) , all other appellants died long back. Photocopy of the certificate issued in this regard by one Ram Vinay Kumar, Mukhiya of the Gram Panchayat Gonwa, District Jehanabad has been brought on record. In this view of the matter, the present appeal insofar as it relates to Nanhku Manjhi (appellant no. 1) , Prit Manjhi @ Ram Prit Manjhi (appellant no. 3) , Tasu Manjhi (appellant no. 4) and Badri Manjhi (appellant no. 4) stands abated.

(3.) The prosecution case as culled out from the records received from the trial court is stated as under: One Tekan Manjhi (PW8) made a statement (Fard-ebeyan) (Ext.2) giving rise to a formal F.I.R. being Jehanabad P.S. Case No. 0136/90 dated 17.05.1990 (Ext.1) . In the Fard-e-beyan the informant alleged that in the past night on Monday there was an altercation in between Mushhars of Village Sesamba and the son of the informant namely Ram Pravesh Manjhi near Sesamba High School. It is alleged that Ram Pravesh Manjhi had given a stick blow to one of the Mushhars of Village Sesamba, due to this the covillagers Nanhku Manjhi, Jawahar Manjhi and their family members, boasting themselves to be the Heroes of the village, showed their annoyance. On 16.05.1990 it is alleged that at about 6:00 P.M. when the cousin of the informant, namely, Ganauri Manjhi along with the informant's own brother Babu Chand Manjhi had gone to the village in connection with some work they had some quarrel with the accused persons near the well of Dudhesar Mahto on the issues of altercation which had taken place with the Mushhars of Sesamba. After the said incident, according to the informant, said Ganauri Manjhi and Babu Chand Manjhi returned back to their house and had started to discuss the matter with the neighbours Baisarti Manjhi and Ramjanam Manjhi sitting in the AANGAN of the informant.