MAHENDRA DAS Vs. STATE

JUDGEMENT

(1.) The three appellants were prosecuted in connection with an incident which took place on the 3rd September, 1965, at about 7 P.M. in village Ekrama, Police Station Ariari, in the district of Monghyr, in the house of the deceased, Rajendra Das, which resulted in his death. Appellant Mahendra Das has been convicted under Section 302 and the other two appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860., Each of the three appellants has been awarded a sentence of imprisonment for life.

(2.) Shital Das, Gajadhar Das, Khublal Das and Teka Das (P.W. 4) were brothers, Shital had two sons, Ambika Das (P.W. 2) and Mahabir Das. Ambika's son was Rajendra, who has been killed. Mahabir's wife is Ramrati, whose sons are Parmanand and Mahendra. They are appellants in this case. Ramchandra Das (P.W. 7) is son of Gajadhar Das and Deonandan (P.W. 3) is son of Khublal Das. Dakho (P.W. 1) is the wife of Teka Das (P.W. 4).

(3.) The prosecution case was that a few days before the date of occurrence, Saraswati, widow of Shital Das, executed a sale-deed in favour of Rajendra. This annoyed the appellants. In the evening of the 3rd. September, 1965, Ramrati came from Jamalpur along with accused Parmanand. As soon as they arrived in the Angan, there was exchange of hot words between Parmanand and Rajendra. This was in relation to the execution of the sale deed, referred to above. Parmanand was armed with a Saif. Exchange of hot words led to quarrel, in which there was scuffle between Parmanand and Rajendra. Ambika (P.W. 2), father of Rajendra intervened. He himself received slight injury, while attempting to separate them. While the scuffle was going on, Mahendra asked his mother, Ramrati, to bring a dagger from the house. Ramrati brought a dagger and handed it over to Mahendra. Mahendra pierced that dagger into the chest of Rajendra on the right side, as a result of which he fell down and subsequently died. Next morning, the first information report was lodged by Teka Das (P.W. 4) at Ariari Police station, which is at a distance of ten miles from the place of occurrence. A case was instituted and these appellants were put on trial.