CHANDRA MOHAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence dated 20-8-1997 and 23-8-1997 respectively, passed by Shri Swaroop Lal, the learned 1st Addl. District and Sessions Judge, Godda in Sessions Case No. 22/95/26/1995, whereby and where-under, he convicted the appellant No. 1, Chandra Mohan Mandal, under Section 302, IPC and the appellants Nos. 2 and 3, Hari Mohan Mandal, and Bijay Mandal under Section 307, IPC and sentenced the appellant No. 1, Chandra Mohan Mandal, to go imprisonment for life for the offence punishable under Section 302, IPC and the appellant No. 2, Hari Mohan Mandal and the appellant No. 3, Bijay Mandal, were sentenced to go R.I for life for the offence punishable under Section 307, IPC. The other two accused, Gajadhar Mandal and Rameshwar Mahto, who were charged under Sections 109, 302, 307 and 120B, IPC, were acquitted.

(2.) The prosecution case as per the fard beyan, Ext. 4, of the informant, Guddu Kumar Mandal, P.W. 5, recorded by the S.I. R.K. Bharamachari, P.W. 11, Officer-in-charge, Godda P.S., on 12-2-1994 at 9.20 at the P.O. village Punasia, P.S. Godda Town, is that at about 6.30 a.m. on that date, the informant along with his uncles, Narayan, Mandal (deceased) and Janardhan Mandal (injured), P.W. 1, had gone for husking the paddy in the pounding Mill of Sikandar Mahto, situated at Godda Pirpaiti Pitch Road. After their arrival, the villagers, Chandra Mohan Mandal, Hari Mohan Mandal and Bijay Mandal (all the appellants) also went there. They had kept their paddy bags at the Mill on the previous day. Both the parties entered into an altercation regarding the husking of their paddy first. The appellant, Hari Mohan Mandal forcibly put his paddy into the hauler. When Narayan Mandal objected, then all the appellants abused him and the appellant, Chandra Mohan Mandal brought out a knife from his waist and gave 3-4 knife blows on his abdomen. On being injured Narayan Mandal fell down. When Janardhan Mandal went to rescue him, then the appellant, Hari Mohan Mandal, took the knife from the appellant, Chandra Mohan Mandal and stabbed on his head and eye. He also fell down on being injured. The appellant, Bijay Mandal, assaulted by throwing bricks near the eye of Janardhan Mandal. The bricks thrown at the informant by Bijay Mandal could not injure him. Thereafter, all the appellants fled away. Narayan Mandal died at the spot. The injured, Janardhan Mandal, was sent to Sadar Hospital for treatment on a rickshaw. Rameshwar Mahto, father of the Mill owner, Sikandar Mahto and Joginder Mahto, P.W. 9, saw the alleged occurrence. On alarm, the villagers assembled there. The informant put the dead body of Narayan Mandal on a Thela with the help of others. The alleged occurrence took place only due to old enmity in between them. On the fard beyan the informant, P.W. 1, Gaddu Kumar Mandal and the witness, Rameshwar Mahto, signed, Exts. 1 and 1/1 respectively. After investigation charge sheet under Sections 302, 307/34, IPC was submitted on 10-5-1994. Supplementary charge-sheet under Sections 302, 307, 109/34, IPC was submitted against the acquitted accused, Gajadhar Mandal and Rameshwar Mahto.

(3.) The prosecution has examined 13 witness in order to bring home the charges levelled against these appellants. P.W. 1, Janardhan Mandal and P.W. 5, Guddu Kumar Mandal, the informant, had gone for husking their paddy in the paddy pounding Mill of Sikandar Mahto who are the eye-witnesses of the alleged occurrence, P.W. 2, Prakash Mandal, P.W. 3, Kishori Mandal and P.W. 4 Mosmat Rita, are the hearsay witnesses regarding the alleged assault who saw the appellant fleeing away from the P.O. P.W. 6, Kulanand Choudhary, M.O. of Sadar Hospital Godda, examined the injured, Janardhan Mandal and P.W. 7, Dr. Ajit Kumar, conducted the postmortem examination on the dead body of Narayan Mandal. P.W. 8, Md. Imamam went to the P.O. after the alleged occurrence and saw the dead body of Narayan Mandal where he saw Rameshwar Mahto (acquitted accused) standing there. As he did not support the prosecution case he was declared hostile by the prosecution. P.W. 9, Yogendra Mahto, son of Rameshwar Mahto, has deposed that both the parties left the paddy pounding Mill after husking their paddy. He does not know when the alleged occurrence took place as they had gone outside the Mill. This witness was also declared hostile by the prosecution. P.W. 10, Chandra Bhusan Singh, is the Officer-in-Charge of Godda Town P. S. who on information entered S.D. Entry No. 226 dated 12-2-1994 and went to the P. O. along with P.W. 11, R.K. Bharamachari and recorded the fard beyan of the informant, Guddu Kumar Mandal. On the basis of that fard beyan the formal FIR, Ext. 5 was drawn. P.W. 11, R.K. Bharamachari, in course of investigation prepared inquest report, Ext. 9, P.W. 12, A.S.I. Janardhan Singh, has proved the entry in Thana Malkhana Register No. 3/94 dated 12-2-1994 in the pen and signature of R. K. Brahmachari bearing Sl. No. 298, P.W. 13, Nasiruddin Khan, S. I, a formal witness, has proved the diary, Ext. 8 and inquest report, Ext.9.