BIRANCHI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment pronounced on 26th July, 1985, the 3rd Additional Sessions Judge, Purnea convicted four appellant for an offence punishable under Section 302/34, IPC and sentenced each of them imprisonment for life. One accused Sonai Mandal, who was tried along with the appellants was acquitted.

(2.) The appellants were tried for the murder of Raghunath Chand, who was inhabitant of village Bishunpur P.S. Dhamdaha in the district of Purnea. Raghunath Chand was an affluent farmer. He had a farm house at the place called Kabaiya Kamat at a distance of four miles from his village home. He lived there with servant, who looked after the cultivation. The deceased was in hostile terms with the appellants Kashi Mandal and Mahendra Mandal, who are own rothers.

(3.) It appears that the deceased had got settled certain Gair Mazarua Aam Land by surreptitious means in the name of his servant. The settlement was challenged by Kashi Mandal, Mahendra Mandal and Bindeshwari Mandal before the Additional Collector, Purnea, who set aside the settlement. An appeal was preferred by the deceased against the order of the Additional Collector before the Commissioner. The Commissioner affirmed the order of the Additional Collector holding that the settlement was obtained by dubious means. It appears that notwithstanding the annulment of the earlier settlement, the deceased got the same land settled by the Bhudan Yagna Committee. This was the main cause of enmity between the appellant Nos. 1 to 3 and the deceased.