RAGHUNATH MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants were tried for the charge under Section 307/34 of the Indian Penal Code for attempting to commit murder of Somra Manjhi in furtherance of their common intention. On being found guilty they were convicted under Section 307/34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years.

(2.) THE case of the prosecution is that Snmra Manjhi (the informant) came to his village home at Burha Behra in the evening at about 6 p.m. on 5.11.2000 and when he did not find his wife and children, he asked about their whereabouts from his mother upon which his mother told him that they had left home in the morning without telling anyone. Thereafter, the informant along with co -villager Somra Manjhi came to his uncle -in -laws house at village Jaroo at about 8 p.m. and met with his uncle -in -law Duryodhan Manjhi from whom he asked about his wife and son. His uncle -in -law told him that they have not come to his place. Upon it, the informant (PW 5) along with his co -villager Somra Manji and Raghunath Manjhi entered into the house of his uncle -in -law in search of them but they did not find them there. Thereafter, all the three while were returning to their village Burha Behra along with his uncle -in -law Duryodhan Manjhi and reached in the field in between the village Jaroo and Medni they saw 4 -5 villagers coming and were raising alarm "chor chor". Upon it many villagers assembled and started assaulting him. His other friend, namely, Somra Manjhi any how managed to flee from there. The villagers caught hold of him and started assaulting with fist, kicks and dandas indiscriminately, as a result of which he sustained injuries over his shoulder, back, legs which started bleeding. They went on assaulting even though he disclosed his identity to the villagers. He among the assailants could identify the appellants only. Thereafter, they brought him to the police station where he could not make any statement as he was unconscious. Thereafter, police sent him to R.M.C.H. for treatment. In course of treatment Dr. Chandra Bhushan Sahay (PW 9) did find dispressed fracture of right side frontal bone which according to him was caused by hard and blunt substance and the injury was grievous in nature. The informant was discharged from the hospital on 13.11.2000 but before that he gave fardbeyan (Ext. 2) on 9. 11.2000 at 10 a.m. upon which a case was registered and the matter was taken up for investigation by the Investigating Officer, Bans Narayan Singh (PW 8).

(3.) IN this case the prosecution examined as many as 11 witnesses, of them Jageshwar Manjhi PW 1, is the brother of the informant, Charan Manjhi, PW 2, nephew of the informant and Keshav Ghatwar, PW 10 are hearsay witnesses as according to them, they came to know that Somra Manjhi was assaulted by the person by taking him as thief. PW 3 Hari Charan Manjhi, PW 4 Ram Prasad Manjhi. PW 6 Mukund Manjhi. PW 7 Muneshwar Manjhi have simply said that they saw some body being taken by the villagers in injured condition. The informant was examined as PW