MANOJ MEHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Md. Soban Asghar, learned counsel for the appellants and Mr. Ajay Mishra, learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 10.02.2012 and Order of sentence dated 15.02.2012 passed by Additional Sessions Judge, F.T.C.-II, Madhubani in Sessions Trial No. 215 of 2010 arising out of Rajnagar P.S. Case No. 233 of 2009 whereby the learned trial court acquitted the accused Mosmat Munni Devi and Sudhir Mehtar of the charges levelled against them and convicted the accused Dilip Mehtar and Manoj Mehtar for the offence punishable under Sections 147, 148 and 302/149 of the Indian Penal Code and sentenced them to undergo R.I. for life under Section 302/149 of the Indian Penal Code. However, no separate sentence was passed under Sections 147 and 148 of the Indian Penal Code.

(3.) Factual matrix of the case is that Rajnagar P.S. Case No. 233 of 2009 was instituted under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code against the accused Manoj Mehtar, Gulten Mehtar, Sudhir Mehtar, Chandan Mehtar, Munni Devi and Dilip Mehtar on the basis of the fardbeyan of Basant Lal Ray, S/o Late Bhola Ray recorded by S.I. Ram Chandra Ram of P.S. Rajnagar on 08.11.2009 at 08:15 AM at Sadar Hospital, Madhubani with the allegation in succinct that on 07.11.2009 at around 4 PM while his father was regressing to his house after defecation and arrived in front of the house of Manoj Mehtar, he spotted dumping garbage by the children of the family of Manoj Mehtar in his field which is located adjacent to the house of Manoj Mehtar. On making complain with Manoj Mehtar about dumping of the garbage in his field, he slated him. Then his father regressed to his house and informed the matter to his neighbour. His neighbour assured him to get the matter settled sitting together tomorrow. Further allegation is that on the said date at around 7 PM, Dilip Mehtar approached his father and made protest against forbidding by him from dumping garbage in his field. In the meantime, when his father went for urination at the adjacent place, Manoj Mehtar, Sudhir Mehtar, Gulten Mehtar, Chandan Mehtar and Munni Devi arrived there and started slating him. Meanwhile, Dilip Mehtar exhorted them to assault his father, whereupon Manoj Mehtar assaulted on the head of his father by means of Kati while other accused persons assaulted him by means of lathi. Sustaining injury, his father fell down on the ground and started screaming and responding the same when he and other villagers rushed there, the accused persons had left the scene. He rushed his father to Rajnagar hospital and the doctor of the said hospital referred him to Sadar Hospital, Madhubani for better treatment. He took his father to the Madhubani Sadar Hospital. His father succumbed to his injury on 07.11.2009 at 12 PM in the night during course of treatment.