PHULCHAND MANDAL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE accused appeals.

(2.) THE appellant, Phulchand Mandal, was tried for an offence of murder on the allegation that at 7.00 p.m. on 10.8.1987, he caused the death of the deceased, Kumhan Mandal, son of Tulo Mahto, who was examined as PW 1, by strangulation. The learned trial Judge, finding the appellant guilty, sentenced him to imprisonment for life, which is being challenged in the above appeal.

(3.) AT 7.00 p.m. on 10.8.1987, the appellant went to the house of Kumhan Mandal and called him. Kumhan Mandals father, PW 1, was in the house and he saw the appellant and the deceased going towards Samanto Bus Stand at village Chandramarni. PW 1 followed them. He found the appellant and the deceased taking liquor sitting on the veranda of a house belonging to Madan Mandal. Thereafter PW 1 became busy with his work in his shop. At about 7.30 p.m., he heard the sound "Bachao, Bachao". He ran to the place from where the sounds were emanating and found the appellant pushing the deceased on the ground and pressing his neck. The deceased was found trembling. PW 1, Tulo Mahto, attempted to catch the appellant from behind. On hearing the cries of PW 1, PW 5 Nageshwar Mandal, PW 7 Hemlal Mandal, PW 8 Narayan Mahto, PW 9 Naro Mandal and PW 11 Shivlal Mandal rushed to the place and saw the deceased trembling and the appellant running away from the place. Witnesses attempted to take the deceased to the hospital but he died. Ext. 3, the fardbeyan, was laid at the police station by PW 1 and investigation was taken up by the Officer. PW 13, Jitendra Kumar, Sub -Inspector of Police, on taking up the investigation, conducted inquest by preparing inquest report, Ext. 5, and sent the dead body to the Government hospital, Giridih, for the purpose of post -mortem.