LAWS(JHAR)-2019-4-127

GANESH PRASAD MANDAL Vs. STATE OF BIHAR

Decided On April 04, 2019
Ganesh Prasad Mandal Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellant Mr. A.K.Kashyap assisted by learned counsel Mr. Manoj Kumar Sah and Learned counsel for the State Mr. Ashok Kumar, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 21.06.1996 and order of sentence dated 25.06.1996 passed by 1st Additional Sessions Judge, Godda in Sessions Case No. 318 of 1983 / 27 of 1988 whereby the appellants have been held guilty for the offence committed and punishable under Section 302/34 and 325/34 of the I.P.C and were sentenced to undergo imprisonment for life for the offence committed and punishable under Section 302/34 of the I.PC and R.I. for 7 years for the offence committed and punishable under Section 325/34 of the I.P.C. Both the sentences were directed to run concurrently.

(3.) The prosecution case is based upon the fardbeyan of Informant Mangal Soren (P.W.7) recorded by A.S.I. Bhagwan Singh (P.W.8) of Poraiyahat Police Station on 06.02.1980 at Poraiyahat Hospital at 20.00 Hrs. Informant has alleged that on the same day at 11.00 a.m. Informant Mangal Soren (P.W.7) and Hiralal Mandal (deceased) were returning to their house from Bhuiyatola and as soon as they reached near the Kali Temple, all of a sudden they met accused Anand Mandal, Sudhir Mandal and Ganesh Mandal, resident of Parsati School Tola, P.S Poraiyahat, District Godda and after seeing them, all the three accused persons have stated, that we met today and they have to pay the compensation for the Panchayati and thereafter Sudhir Mandal (appellant no.2) pelted stone upon him which caused injury on his head, Ganesh Mandal (appellant no.1) also assaulted the informant by pelting stone which also caused injury on the head causing oozing of blood. Upon protest made by Hiralal Mandal (deceased) Anand Mandal (coaccused) assaulted Hiralal Mandal by a stone which hit Hiralal Mandal and he fell down on the ground. It is alleged that thereafter Anand Mandal, Ganesh Mandal and Sudhir Mandal assaulted Hiralal mandal by means of legs. The co-villagers namely Premlal Mandal (P.W.1), Bhudeo Mandal(P.W.2), Bona Mandal (P.W.3) and Bhagwan Soren who were standing nearby have witnessed the occurrence. It is stated that when Premlal Mandal (P.W.1) came for rescue, he also sustained injury because of stone and thereafter accused persons fled away. Informant has stated that Devendra Kumar Mandal, Santlal Mandal and other covillagers also came. At that time Hiralal Mandal was unconscious. It is stated by the informant that he along with Premlal Mandal and Hiralal Mandal in unconscious state have been brought to Poraiyahat Hospital in bullock cart and they were undergoing treatment. Informant alleged that occurrence took place as yesterday i.e., on Tuesday. Informant Mangal Soren and Hiralal Mandal had called a panchayati against Anand Mandal and Ganesh Mandal as both these accused persons have assaulted the elder sister-in-law of Hiralal Mandal, in which covillagers have held them guilty but Anand Mandal has not obeyed the decision of the panchayti and had given threatening. The fardbeyan of the informant was recorded by the police officer in presence of covillager Bhagwan Soren and Munshi Soren on which informant has put his thumb impression.