KHAGO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants were arrayed as A-1, A-5 and A-6 before the Additional Sessions Judge, Deoghar. They were tried along with Jitlal Mandal, Basudeo Mandal and Dongan Mandal, who were arrayed as A-2, A-3 and A-4. In the judgment, the appellants, who were arrayed as A-1, A-5 and A-6, were convicted under Section 302/34 and 201/34 of the Indian Penal Code and sentenced to undergo life imprisonment under Section 302/34 of the Indian Penal code and further to undergo rigorous imprisonment for three years under Section 201/34 of the Indian Penal Code and the sentences were ordered to run concurrently and the other accused, who were acquitted and arrayed as A-2, A-3 and A-4 will be referred to as the A-2, A-3 and A-4, in the same order, as they were arrayed before the trail Court, for the sake of convenience.

(2.) The deceased Baldeo Mandal is the son of Ganashyam Mandal, PW-1, and his mother is Degni Devi, PW-6, PW-7, Ugiya Devi, is the wife of deceased. PW-3, Sabita Devi, is the daughter of the deceased and PW-10, Amrit Mandal, is the brother of the deceased. On 29-1-1986, the appellants (A-1, A-5 and A-6) went to the house of the deceased, Baldeo Mandal, and the deceased went along with them to join duty in the Railway department, where he was working. But he did not return home that night. On the next day, PW-10, who went in search of his brother, returned to tell his father, PW-1, that his brother had been killed and body had been thrown in drainage. PW-1, the father of the deceased went and found the dead body of his son lying near a railway track. The body was found in two pieces. He informed PW-11, the Station Master, Jagdishpur Railway Station, by telling him that his son must have been run over by a train. He requested PW-11 to hand over the dead body but the Station Master, PW-11, refused to hand over the body and informed the Government Railways Police, who, in turn, seized the body and sent it to the hospital for post mortem.

(3.) On receipt of the requisition and the dead body, PW-12, Dr. Kapil Muni Mishra, attached to the Giridih Government Hospital, conducted the autopsy on the dead body of the deceased, Baldeo Mondal. He found the following ante mortem and post mortem injuries on his person: