SARJU GHOREL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Sarju Ghorel, Diwakar Ghorel, Bijoy Kapari and Madan Kapari were arrayed as A-5, A-l, A-4 and A-2 respectively in Sessions Case No. 330 of 1986 before the Additional Sessions Judge, Godda and along with them three others were also arrayed as accused Nos. 3, 6 and 7. In this judgment, the appellants as well as other accused will be referred as A-1 to A-7 for the sake of convenience.

(2.) Seven accused were tried for the offences punishable under Sections 147, 148, 324, 379 and 302/34 IPC. The trial Judge found the appellants alone guilty and sentenced each of them to imprisonment for life under Section 302/34 IPC. Appellants Sarju Ghorel (A-5) and Bijoy Kapari (A-4) were also found guilty under Section 148 IPC, while appellant Madan Kapari (A-2) was found guilty under Section 147 IPC. On being found guilty under Section 148 IPC, Sarju Ghorel (A-5), Diwakar Ghorel (A-l) and Bijoy Kapari (A-4) were sentenced to two years' R.I. and under Section 147, IPC, appellant Madan Kapari (A-2) was sentenced to undergo one year's R.I. All the appellants were acquitted under Sections 379 and 324, IPC. The present appeal is against the said conviction and sentence.

(3.) The facts are : The deceased, Bhuneshwar Mandal is the younger brother of Jagdish Mandal (since dead). PW.4 Karuna Devi is the wife of deceased Bhuneshwar Mandal. PW.2 Ashok Mandal is the son of Jagdish Mandal. PW.3 Bania Devi is the sister of the deceased. On getting information from his brother, Jagdish Mandal, about the health condition of his child, the deceased Bhuneshwar Mandal, who was a teacher by profession, reached his house. On the morning of 25-4-1985, PWs. 2,3,4 the deceased and Jagdish Mandal left for Godda. Deceased Bhuneshwar Mandal and Jagdish Mandal were travelling by cycle. They wanted to take the child to Godda to a doctor for treatment. The informant was sitting on the carrier of the bicycle. When the deceased and Jagdish Mandal reached Dumariya forest, they found PW.4, the wife of the deceased, PW.2 the informant's son and PW.3 there who had left early for Godda. On seeing them, Jagdish Mandal asked them not to waste time and they should proceed to Godda for consulting a doctor. At that moment, 10-20 persons came out of the Jungle. Jagdish Mandal was able to identify Diwakar Ghorel (A-l), Madan Kapri (A-2), Bijoy Kapari (A-4) and Sarju Ghorel (A-5). On seeing the prosecution party, Diwakar Ghorel (A-1), with a dagger and Bijoy Kapari (A-4), with a Bhala surrounded the deceased as well as Jagdish Mandal. A-5 Sarju Ghorel gave a blow on the neck of the deceased Bhuneshwar Mandal who fell down dead. A-1 Diwakar Ghorel inflicted a cut injury on the abdomen of the deceased. The occurrence was witnessed by PWs.2 and 4. The 1st accused Diwakar Ghorel, with a dagger, attacked Jagdish Mandal but it was warded off. Sarju Ghorel (A-5) snatched the bicycle from the deceased and Diwakar Ghorel (A-1) took away his wristwatch. All the accused then disappeared into the Jungle. Jagdish Mandal, telling PW.3 that he is going to village Denha to inform the Chaukidar, left the place. In the meantime, on getting information about the occurrence, the Assistant Sub. Inspector of Police (ASI) of Porayahat Police Station reached the scene of occurrence at about 10.00 a.m. The statement given by Jagdish Mandal at the scene of occurrence was recorded on the basis of which a crime was registered at the Police Station. Investigation of the crime was taken up by the A.S.I.