ETWARI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant no. 1 Etwari Mandal has been convicted for offences under sections 304, Part-It and 147 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and six months respectively, appellant no. 2 Banwari Gope has been convicted for offences under sections 323 and 147 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months under both the counts appellant no. 3 Birhaspat Mandal son of Lochan Mandal has been convicted for offences under sections 324 and 148 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year under each count, appellant no. 4 Ghanshyam Gope has been convicted for an offence under Sec. 148 of the Indian Penal Code and sentenced to suffer imprisonment for six months and appellant no. 5 Madan, Mandal has been convicted under section 147 of the Indian Penal Code and has been sentenced to suffer imprisonment for six months.

(2.) All the five appellants were put on trial along with 13 other accused in the court of Shri Md. Abdul Sattar, Second Addl. Sessions Judge, Hazaribagh, in Sessions Case No. 106 of 1969, and the learned Judge by his judgment dated 24th February, 1973, acquitted all the 13 accused but held these five appellants guilty of the offences as recorded above.

(3.) The occurrence took place on 13.11.1968 According to the prosecution, Badri Singh (P.W. 4) along with Jatal Singh (deceased,) Puran Singh (P.W. 1), Gully (P.W.7), Mangaru Gope (P.W.2.) Bandhu and Sanichar with many other labourers were carrying bundles of paddy crops on two bullock carts after harvesting the same from Gullu's (P.W.7) khet in village Kumhargaria. When they crossed the river bed and reached on the western bank of it, the accused persons all of a sudden came over and asked why they were removing the crops and demanded partition of the same which was objected to and this was followed by an attack on the numbers of the prosecution party. Appellants nos. 1 and 2 are alleged to have assaulted Jatal Singh (deceasad) with lathi and stones. Both the appellants nos. 3 and 4 are said to have assaulted (P.W. 1) Puran Singh with swords. Appellant no. 5 is also said to have assaulted Puran Singh with a lathi. The version of the defence in short is that they had share in the paddy crop and atrocities were committed by the members of the prosecution party in harvesting and removing the crop and on protest, prosecution party attacked on them as aggressors.