PANCHU MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 17.08.2001, passed by learned 2nd Additional Sessions Judge, Deoghar in Sessions Case No. 234 of 1993|138 of 2001, arising out of G.R. Case No. 310 of 1990, T.R. Case No. 111 of 1993, Mohanpur Police Station Case No. 31 of 1990, by which, these appellants have been convicted. Appellant No.1 Panchu Mandal is convicted under Section 148 and Section 326 of the Indian Penal Code. Panchu Mandal was sentenced to undergo rigorous imprisonment for three months under Section 148 of the Indian Penal Code and rigorous imprisonment for six years under Section 326 of the Indian Penal Code with a fine of Rs. 500/- to be deposited within six weeks from 17.08.2001 and the amount of fine was to be given to the injured PW-3 Ramchandar Mandal as compensation and in case of default to undergo further rigorous imprisonment for one year. Appellant Nos. 2 to 7 have been convicted under Section 147 and Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two months under Section 147 of the Indian Penal Code and one month rigorous imprisonment under Section 323 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The prosecution as per the written report of the informant Birju Mandal (PW-4), son of late Harihar Mandal, village-Amgachhi, Singardih, PS Mohanpur, District-Deoghar is that on 11.4.1990 at 7.00 a.m. he was going to court from his house. The accused persons due to dispute of Mahua tree and well of fishery surrounded him near baithka near pakki Sarak in the village and started abusing him. Accused Panchu Mandal was armed with sword; Satyanarayan Mandal, Nageshwar Mandal, Shridhar Mandal and Govind Mandal were armed with lathi; Rupal Mandal and Akal Mandal were armed with chain and stone. When the informant protested accused Shridhar Mandal gave lathi blow on the back side of his head and accused Roopan Mandal gave stone blow on his left shoulder. When he raised halla, his brother Surajnarayan Mandal, nephew Ramchandra Mandal and son Sukdeo Mandal came to save him. Then the accused Panchu Mandal gave sword blow on the head of the informant's nephew Ramchandra. Other accused persons assaulted his brother Surajnarayan Mandal and the informant with lathi and chain. The occurrence was seen by the witnesses Sufal Mahato, Guhi Modi, Duro Modi and Nunulal Mahato. It was further stated that Rs. 700/- and an HMT watch of informant's nephew Ramchandra was taken away by the accused Satyanarayan Mandal.