DIJAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 20th of January, 1996, passed by the learned Additional Sessions Judge, Sahebganj, camp at Rajmahal, in S.T. No. 723 of 1993, whereby, the accused Dijan Mandal has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, on the allegation that he had committed the murder of his own father. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the said offence.

(3.) The prosecution case was instituted on the basis of fardbeyan of the deceased Ranjit Mandal himself, recorded while he was alive and undergoing treatment at Rajmahal Hospital, on 24.10.1987 at about 11.20 hours. The deceased Ranjit Mandal had stated in the fardebyan that on the same day at about 7.00 A.M. in the morning, his son Dijan Mandal was going to the mill with all the paddy available in the house, i.e., about 20 KG of paddy, for getting it thrashed, whereupon the informant told him to leave some paddy for him also, whereupon his son became furious and he threw down the paddy, brought a sword from the house and assaulted him by sword with the intention to cause his death and stating that he would finish him, causing injuries on his head and hand. When his wife came to his rescue, she was also abused in filthy languages. Upon the noise, the persons nearby reached and the accused fled away. The informant was brought for treatment to the hospital, where his fardbeyan was recorded. On the basis of the fardbeyan of the informant, Rajmahal P.S. Case No. 192 of 1987, corresponding to G.R. No. 377 of 1987, was instituted, for the offence under Sections 307 / 324 of the Indian Penal Code, against the accused Dijan Mandal and investigation was taken up. It may be stated that in course of treatment, the informant died on 27.10.1987, and accordingly, Section 302 of the Indian Penal Code was added in the case. After investigation, the police submitted the charge-sheet in the case.