ANIRUDDHA MANA Vs. EMPEROR

JUDGEMENT

(1.) The appellants are four brothers Anirudha Mana; Madchab Mana, Gopal Mana and Gobinda Mana. They were all found guilty under Section 147 and under Section 304 (second part) read with Section 34, Indian Penal Code and each of them was sentenced to undergo two years rigorous imprisonment on the first count and ten years rigorous imprisonment on the second count, the sentences to run concurrently.

(2.) The story told for the prosecution was this. On 28 November the complainant Baikanta went to out paddy grown by him on a plot of land which his father had bought many years previously from the aunt of the appellants. He had with him, ten labourers. The appellants and others interfered and when he persisted in cutting the paddy, they assaulted him and the labourers. The result of the assault was that three of the labourers Jitu Das, Kailash Pradhan and Naba Jana received Injuries which proved fatal.

(3.) The charges framed against the accused by the committing Magistrate were under Section 147 and Section 304, Indian Penal Code. The common object in the former was said to be that "of causing hurt to Baikunta Panda and his men." In the latter the names of the three dead men were inserted in one charge.