LAWS(JHAR)-2005-5-28

KAILASH MANDAL Vs. STATE OF JHARKHAND

Decided On May 04, 2005
KAILASH MANDAL Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THESE two appellants along with seven others were tried for the charge under Section 307, Indian Penal Code by the 2nd Additional Sessions Judge, Dumka at Camp Jamtara and by judgment dated 24th January, 1991 in sessions case No. 434 of 1985, the learned Additional Sessions Judge convicted these two appellants for the offence under Sec.307, Indian Penal Code and sentenced both of them to undergo RI for a period of seven years. Rest of the seven accused, who were tried along with appellants were acquitted from the charges.

(2.) THE prosecution case, in sort, is that on 28.7.1984 at about 8 a.m. while the informant, Dakshin Kumar Mandal (PW 5) was returning to his house from his field situated in Village Dhobone, P.S. Jamtara along with Phanibhushan Mandal (PW 1) and when he reached near the house of Joti Mandal (acquitted), all of a sudden, all the accused persons, on the orders of Joti Mandal started assaulting the informant. It is said that these two appellants assaulted the informant by means of 'Tangi ' hitting on his chest and hand and all other remaining accused assaulted him with lathi and thereafter the accused persons fled away.

(3.) IN order to prove its case, prosecution examined in all, eight witnesses, out of whom PW 4, Krishna Pada Mandal was tendered, PW 7 Dwijapada Gorain was a formal witness, who proved the Bed Head Ticket (Ext. 3), PW 1, Phani Bhushan Mandal is an eye -witness of the occurrence. He has specifically stated in his evidence that these two appellants were having 'Tangi ' in their hands. He has further stated that the appellant No. 1, Kailash Mandal gave a 'Tangi ' blow on the chest of Dakhin Kumar Mandal and the appellant No. 2, Arun Mandal gave a Tangi blow on the left hand of the Informant Dakhin Mandal and rest accused assaulted him by means of 'lathi. His evidence is consistent so far as these two appellants are concerned that they assaulted the informant by means of 'Tangi '.