RAMDEO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 14 appellants has brought into question the judgment of conviction recorded against them by the learned Additional Sessions Judge, IInd, Katihar on 28th day of August, 1993 in Sessions Trial No. 233 of 1990 by which they were found guilty of committing offence under Sections 304 and 149, IPC and each of them was directed to suffer rigorous imprisonment for three years as also to pay fine of Rs. 500/- each and in failure of paying up the fine, all the appellants was directed to further suffer simple imprisonment for three months each. Besides, two appellants, namely, Kaleshwar Mandal and Bharat Mandal were held guilty of committing an offence under Section 148, IPC and were directed to suffer rigorous imprisonment for one year each while the remaining 12 were found guilty of committing the offence under Section 147, IPC and each of them was dir cted to suffer rigorous imprisonment for a period of six months.

(2.) The informant PW 4, namely, Jay Nath Mandal, who happened to be the full younger brother of the deceased Dhoulu Mandal lodged a report on 12.11.1989 at Barari Police Station stating that on 24.10.1989 at about 10 a.m. appellant Bharat Mandal and others were cutting earth in the backyard of the house of the informant which was objected to by his deceased brother but the appellants did not stop. An altercation between the deceased and appellant Bharat Mandal and others ensued and upon that appellant Bharat Mandal and all other appellants, came variously armed at the place of occurrence. It is specifically alleged that appellant Bharat Mandal dealt a bhala blow on the hand of the deceased while appellant Kaleshwar Mandal assaulted him on his head with a farsa as a result of which deceased Dhoulu Mandal fell on the ground whereafter all the appellants assaulted him with lathi. The informant stated that in order to saving the deceased his wife, namely, Gauri Devi (PW 1) and PW 2 the wife of informant rushed to the scene of the occurrence and they were also assaulted. Thereafter, the deceased was shifted to one of the village doctors, namely, Prasadi Yadav and was treated there and had also taken treatment from a doctor of Barari. On 11.11.1989 at about 4 p.m., the deceased complained of stomach pain and within an our breathed his last whereafter PW 4 came to the police station and lodged the report, Ext-3.

(3.) Pw 6 SI Bhrigunath Singh recorded the FIR of PW 4 and also drew up the FIR on that basis and took up the investigation and after completing the same sent up the 14 appellants for their trial.