ANANT MARDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants are aggrieved by their conviction and order of sentence passed against them by learned Additional Sessions Judge in Sessions Trial No. 177 of 1995. All the appellants have been found guilty and convicted under Sections 341, 379, 148, 302/149 of the Indian Penal Code. The appellant No. 3 Surai Mardi, in addition, has also been convicted under Section 323 of the Indian Penal Code. For the offences under Section 302/149 I.P.C. they have been sentenced to undergo life imprisonment; under Section 379 rigorous imprisonment for two years; under Section 148 rigorous imprisonment for one year and under Section 341 rigorous imprisonment for six months. Surai Mardi has been additionally sentenced under Section 323 to undergo rigorous imprisonment for three months. The sentences are to run concurrently.

(2.) THE prosecution case, as disclosed in the Fardbayan of Bikram Mardi (P.W. 7), in brief, is that on 14.11.1994 at about 11 AM he got information that several persons including the appellants were harvesting the paddy crops grown by them (informant's family) over the Plot No. 1352 and 1554 under Khata No. 37 nearby the crusher machine. On such information the informant along with his uncle Ramjit Mardi (deceased), cousin brother Asman Mardi (P.W.6) and Kartik Mardi (P.W.9) went there and saw that Madhav Mardi, Anant Mardi, Master Mardi, Surai Mardi, Dasrath Mardi, Daroga Mardi, Kanhu Soren along with 20 -30 others were harvesting paddy crops from the said plots. They were severely armed with bow and arrows, sword, sickle and lathi etc. When the informant protested and accosted, the accused persons defied them. Madhav Mardi then exhorted the other accused persons to attack and finish the informant and others. Accused Anant Mardi was armed with sword, Master Mardi with tangi, Dasrath with bow and arrow, Madhav Mardi and Surai Mardi were armed with lathi and rests were armed with sickle (Hasuwa). When the accused persons rushed with their arms, the informant and others tried to escape and save their lives, but in the meanwhile Surai Mardi overtook the informant and gave two lathi blows on his head. The informant (Bikram Mardi) fell down on the ground. The accused Madhav Mardi and Dasrath Mardi then caught hold of Ramjit Mardi and Anant Mardi chopped off his neck with a sword blow. He threw the blood stained sword at the place of occurrence. The accused persons, thereafter, removed the harvested paddy crop. According to the informant, the deceased Ramjit mardi had purchased the land in question from Ranga Mardi by a registered sale deed and had been in cultivating possession of the same. As usual he had grown paddy crop in the said land but the accused persons forcibly harvested the same and committed the said crime.

(3.) THE accused -appellants denied the charges and claimed to be tried.