ATAWARI MANDAL Vs. STATE

JUDGEMENT

(1.) The sole appellant, Atwarl Mandal was put on trial for commission of the offences under Sections 307 and 326 of the Indian Penal Code. By the impugned judgment dated 30th September, 1991 in Sessions Trial No. 11 of 1991, the 3rd Additional Sessions Judge, Deoghar, held the appellant guilty for committing the offences under Sections 307, 326 and 324 of the Indian Penal Code and was convicted him thereunder. The appellant was sentenced to undergo R. I. for a period of 10 years for the offence under Section 307 of the Indian Penal Code, and R. I. for a period of 7 years for the offence under Section 326 of the Indian Penal Code. However, no separate sentence was awarded to the appellant for the offence under Section 324 of the Indian Penal Code.

(2.) The prosecution story, in short, is that on 22-10-1989 at about 4 P.M., the informant, Chandrakala Devi (P. W. 7) lodged a first information report at Referal Hospital, Madhupur, alleging therein that on that day at about 7 while she went to see the crops of her paddy field, she saw that the appellant, Atwari Mandal was cutting the paddy crops from the field of his brother, Banshi Mandal. It was said that Dhaneshwar Mandal, Bhado Mandal the sons of Atwari Mandal and his wife Nimia Devi were also there i.e. at the place of occurrence. At about 7.30. Banshi Mandal also came there and asked Atwari Mandal not to cut his paddy crops, upon which Atwari Mandal became furious and then with an intention to kill, gave him a 'Farsa' blow on his head, due to which Banshi Mandal fell down and became unconscious. After that the said two sons of Atwari Mandal caught hold of Banshi Mandal and then Atwari Mandal gave several 'Farsa' blows on his hand, leg and head, causing grievous injuries. On 'Hullah', witnesses arrived at the P. O. and saw the occurrence. With the help of the villagers Banshi Mandal was brought to the Referal Hospital, Madhupur for treatment, where the informant gave her fardbeyan to the police.

(3.) In order to substantiate the charges, altogether 10 witnesses were examined on behalf of the prosecution. P. W. 1, Manager Mandal has appeared as an eye witness and has stated that he saw Banshi Mandal was being assaulted by the appellant, Atwari Mandal. P. W. 2, Hemlal Mandal has also stated that he saw banshi Mandal fallen on the ground in injured condition and the appellant, Atwari Mandal was assaulting him by means of 'Farsa'. P. W. 3, Surendra Mandal has specifically stted that he saw the appellant, Atwari Mandal giving repeated blows by means of 'Farsa' to Banshi Mandal. He further stated that it was Banshi Mandal, who had grown paddy over the portion of land which was forcibly being harvested by Atwari Mandal, due to which the said occurance took place. P. W. 4 Salauddin Khan has stated in his evidence that just prior to the occurrence, he saw Banshi Mandal running towards his land and after an hour he saw Banshi Mandal in injured condition being carried to the Hospital by 3-4 pesons. He further stated that the sister of Banshi Mandal told him that it was Atwari Mandal, who assaulted the injured, Banshi Mandal by means of 'Farsa'. P. W. 5, Rasia Devi, the mother of the injured, Banshi Mandal has stated that she was informed by Banshi Mandal and his sister, Chandra Kala Devi that it was the appellant, Atwari Mandal, who assaulted him. P. W. 6 is injured Banshi Mandal himself and P. W. 7 is the informant i.e. the sister of the injured Banshi Mandal, Chandra Kala Devi. P. W. 8, Shanti Kumar Banerjee, who examined the injured, Banshi Mandal on 22-10-89 at Referal Hospital, Madhupur and he found the following injuries on the person of Banshi Mandal.