KHEDU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed in ST. No. 33/97, wherein the learned Sessions Judge convicted the appellant for the offence under Section 304, Part I and 307, IPC and sentenced him to undergo R.I. for 7 years on each count with fine of Rs. 500/ - for the offence under Section 307 and in default, to undergo R.I. for one month.

(2.) THE prosecution case shortly stated as per the FIR is that on 25.10.1996 at about 7.00 a.m. while deceased Sarju Mandal was constructing a wall with the help of mud on his land and accused Khedu Mandal and his son Mathura Mandal were scraping grass in order to prepare khalihan on the adjacent land, the youngest son of the informant, due to his illness, had come to discharge stool over the adjacent land belonging to the informant, the accused Khedu Mandal and Mathura Mandal started abusing Sarju Mandal and thereafter, Sarju Mandal was further assaulted by means of spade on his head by the accused persons. The informant, on hulla, reached to the place and was assaulted by accused Khedu Mandal on his left temporal region by means of spade causing injuries. It was also disclosed in the written report that the people working in the nearby field assembled at the place of occurrence in order to save the lives of the informant and his son. A written report was lodged at the police station, whereupon Bagodar (Sariya) PS Case No. 229/96 under Section 341/323/324/307, IPC has been registered against the above accused persons. During the course of treatment, the injured Sarju Mandal succumbed to his injuries and as such, Section 302, IPC had been added.

(3.) THE defence version of the case is simply denial of the occurrence and false implication due to enmity. The enmity is admitted, in view of Ext. 8, which is a proceeding under Section 107, Cr PC between the parties in the year 1996.