BHIKHARI RABIDAS AND ORS. Vs. STATE

JUDGEMENT

(1.) BOTH the appellants as well as Kusmi Devi were put on trial on the accusation of committing murder of Manoj Tanti in furtherance of their common object and also on the charge of making an attempt on the life of Krishna Kumar Tanti in furtherance of their common object. However the trial court did find the appellant Bhikhari Rabidas guilty for committing murder of Manoj Tanti and accordingly, convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life whereas the appellant Balla Ravidas was convicted for the offence under Section 307 of the Indian Penal Code and was sentenced to undergo imprisonment for ten years and the accused Kusmi Devi was convicted for the offence punishable under Section 337 of the Indian Penal Code and was released after due admonition.

(2.) THE case of the prosecution as has been made out in the Fardbeyan (Ext.1/A) is that on 1.4.2000 at about 8 p.m. the informant, Fekan Tanti (P.W.5) while was washing his hand after taking meal in the alley situated in between the house of the informant and the appellants, the appellant Bhikhari Rabidas made objection by saying as to why he has been washing his hand over his land. Upon it, the informant, Fekan Tanti told him that he is doing so over his land. This led to verbal altercation in between them. Meanwhile, Gulchand Ravidas, son of he appellant Bhikhari Ravidas came with lathi and gave one blow over his head. In the meantime, when Krishna Kumar Tanti another son of the informant came to rescue them, the appellant Balla Ravidas made him to fall on the ground and then started assaulting over his chest with a piece of brick as a result of which Krishna Kumar Tanti started bleeding. Meanwhile the appellant, Bhikhari Ravidas made Manoj Tanti (deceased) to fall on the ground and then started assaulting over his chest with a piece of brick and went on assaulting him till he died. While this was going on, Gulabchand Ravidas, son of Bhikhari Ravidas, Kushmi Devi and Balla Ravidas started pelting stone over his house, as a result of which, tiles got broken.

(3.) ON such Fardbeyan (Ext.5), FIR was drawn and the case was registered against the appellants and others. The matter was taken up for investigation by P.W.13, who in course of investigation held inquest on the dead body of the deceased and prepared an inquest report (Ext.8) and sent the dead body for post mortem examination which was conducted by Dr. Niranjan Kumar Jha (P.W.10), who upon holding autopsy on the dead body of Manoj Tanti did find following injuries.