MANGAL LOHRA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) The appellants Mangal Lohra and Pitu Lohra have preferred this appeal against the judgment and order of conviction and sentenced dated 25.8.1992, passed by the 1st Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 394 of 1985. convicting both the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life.

(2.) The prosecution case, as per the information of the informant Dharmbas Mahli PW 4 is that on 7.9.1984 he proceeded from Tamar to see his ailing Bhaujai (sister-in-law) at Village Taladih within Tamar Police Station. He had proceeded from Tamar to Village Taladih via Doreya Bazar and reached there at about 5.00 p.m. He had left Tamar at about 10.00 a.m. When he reached the house of his Bhaujai (sister-in-law) then he saw both the appellants, namely, Mangal Lohra and Pitu Lohra quarrelling with Sukhram Bas Mahli. Within a spur of moment he saw that appellant Pitu Lohra laid down Sukhram Bas Mahli on the ground and pressed him. catching hold of his head. Thereafter, appellant Mangal Lohra. who had Tangi (axe) in his hand, gave three Tangi blows on his neck and shoulder, causing bleeding injuries. Sukhram Bas Mahli died instantaneously in the Angan of the house of his Bhaujai (sister-in-law). Thereafter, both the appellants, namely. Mangal Lohra with Tangi and Pitu Lohra with Dawli, started fleeing away towards their home. The informant chased them and at a distance of 20 yards west in the Gali. he caught hold of appellant Mangal Lohra with blood stained Tangi in his hand. However, appellant Pitu Lohra managed to flee away towards his home. Almuni Bas Mahlin (Bhagni of the informant and wife of Khudi Bas Mahli) and the wives of Kala Munda and Monka Munda were also there and witnessed the alleged occurrence. Alomuni Bas Mahlin also helped in catching hold of appellant Mangal Lohra. On the hulla of the informant, villagers Chamar Singh Munda. Monka Munda and Kala Munda along with others came and informed Budnan Singh Munda, Mukhiya of Rago Gram Panchayat. The Mukhiya Budnan Singh Munda immediately came there and saw the dead body. Mangal Lohra was there in the custody of the villagers. When the Mukhiya asked him (Mangal Lohra), then he replied that as Sukhram had picked up a quarrel with appellant Pitu Lohra, hence he murdered him. As it was late night on that day. Hence in the next morning he along with the Chowkidar Sheo Lal Swansi of Mursudih village and other villagers took the dead body of Sukhram Bas Mahli along with the assailant Mangal Lohra and his blood stained Tangi to the Police Station (Thana). At Thana, the statement of the informant was recorded. Tangi (axe) was also produced and seized and thereafter, production-cum-seizure list was also prepared on the statement of the informant. Dharmbas Mahli gave his LTI on which the Mukhiya of Rabo Gram Panchayat. namely, Budhan Singh Munda. PW 5. signed (Ext. 1).

(3.) The Investigating Officer after investigation submitted charge-sheet under Section 302 of the Indian Penal Code only against both the appellants but the charges were framed against both the appellants under Section 302 read with 34 of the Indian Penal Code, which they pleaded not guilty. The defence of the appellants as per their statements recorded under Section 313 of the Code of Criminal Procedure, is of total denial and ignorance of the alleged murder of Sukhram Bas Mahli.