BIJAY MANDAL,GANESH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the five Appellants, on being found guilty for committing murder of Deep Narayan Mandal, were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on 8.8.1992 at about 2 p.m. while the informant, Yugal Kishore Choudhary (P.W.7) was getting seedlings of paddy planted in his field, he saw all the five Appellants coming near the field of Deep Narayan Choudhary (deceased) who was ploughing his field. Of them, Ganesh Mandal and Mannu Mandal were armed with lathis whereas other accused persons were having spade with them. They asked from Deep Narayan Mandal as to why did he cut the ridges of the field. Upon which, Deep Narayan Mandal replied that he will do that. Thereupon, the Appellant, Ganesh Mandal exhorted others to kill him and then Bijay Mandal gave a spade blow on the back of the head, as a result of which, Deep Narayan Mandal fell down and then Ranjeet Mandal assaulted him with spade on his right leg below the knee. The accused, Dhananjay Mandal also assaulted him with spade whereas the accused Ganesh Mandal and Mannu Mandal assaulted him with lathi.

(3.) While the deceased was being assaulted, the informant, Yugal Kishore Choudhary (P.W.7), Kishan Mandal (P.W.5) and also wife of the deceased Meena Devi (P.W.3) who had come over there with the meal for the deceased asked the Appellants to stop assaulting the deceased but the accused persons rushed towards them to assault them. Upon it the informant rushed back to some distance whereas Meena Devi (P.W.3) started raising alarm. On hearing hulla, many persons came rushing to the place of occurrence. One of them, Adhiklal Mandal (P.W.1) younger brother of the deceased saw accused persons fleeing from the place of occurrence. Thereafter they brought Deep Narayan Mandal to his house from where when he was being taken to Meharma Sadar Hospital, he died in the way. Doctor at Meharma Sadar Hospital declared him dead. Thereupon, the dead body was brought to Meharma Police Station but the police refused to lodge first information report and asked them to take the dead body to Belbadda Police Station. Thereupon the dead body was taken to Belbadda Police Station on bullock cart where Yugal Kishore Choudhary gave his Fardbeyan (Ext.3) which was recorded by Motilal Mishra (P.W10). Upon which a case was registered. The said Motilal Mishra (P.W.10) took up the case for investigation and held inquest on the dead body and drew an inquest report (Ext.5). Thereafter the dead body was sent for post mortem examination which was conducted by Dr. Umesh Prasad Singh (P.W.8) who found the following injuries.