- (1.) BY the Court. ''The appellant Naresh Mandal faced trial with other eight accused persons for the offence under Sections 302/34 and 149, IPC and Sections 307/34 and 149, IPC in Sessions Case No. 107 of 98/124 of 1998. The Ist Additional Sessions Judge, Godda, by the impugned judgment dated 5.1.2000, convicted this appellant alone for the offence under Section 302/34 and sentenced him to undergo rigorous imprisonment for life and all the other accused persons were acquitted from all the charges, However, this appellant was acquitted from the charge under Section 307, IPC.
(2.) THE prosecution case in short is that the informant Mukta Devi (PW 5) gave her fardbeyan on 11.10.1996 at 8.30 a.m. that on the previous day i.e. on 10.10.1996, at about 11.00 a.m., her father Bhusan Mandal (deceased) was preparing rope sitting on a 'Chowki. The informant, her mother Manjura Devi (PW 2) and the daughter of the informant namely Sunita Kumari (PW 1) were in the courtyard. At that time, the appellant Naresh Mandal suddenly appeared and asked her father Bhusan Mandal to vacate the house on which, her father raised alarm for safety of his life on which, the informant party came running there and saw that the appellant Naresh Mandal was dragging Bhusan Mandal (deceased) towards his house. The informant party ran behind them up to the door of the house of the appellant Naresh Mandal. The informant 'sfather Buhusan Mandal was surrounded by this appellant and the other accused persons who were variously armed with Sabal and Kulhari It is further said that the appellant Naresh Mandal twisted the hands of Bhusan Mandal and thereafter, by snatching a 'Kulhari from Sunil Mandal, struck Bhusan Mandal on his back with said 'Kulhari upon which, the informant 'sfather Bhusan Mandal fell down and thereafter, the appellant Naresh Mandal climbed on the chest of Bhusan Mandal and started jumping on it, due to which, the blood started oozing from his mouth. It is said that Dilip Mandal, who was having Sabal in his hand, hit Bhusan Mandal on the knee of his right leg with the same. Thereafter, the appellant Naresh Mandal gave a 'Kulhari ' blow on the back and thereafter, the accused persons started assaulting him When the informant party were trying to save Bhusan Mandal the appellant Naresh Mandal assaulted on the head of the informant and also assaulted the other informant party. On 'hulla ', many people assembled there and thereafter, the accused persons fled away. Bhusan Mandal, the father of the informant died at the spot. The cause of the occurrence is said to be the land dispute between the parties who were related to each others. On the other hand, the defence case was that the deceased was himself a criminal and had a number of enemies and therefore, he might have been killed by any of the enemies and the accused persons were falsely implicated due to previous enimity.
(3.) ON behalf of the prosecution, altogether seven witnesses were examined to establish the charges. On the basis of evidence on record, the learned trial Court convicted and sentenced this appellant under Section 302, IPC whereas, acquitted the other accused persons from all the charges.;