- (1.) The sole appellant, Bilash Mandal has filed this appeal against the judgment dated 23.12.1989 passed by the Sessions Judge, Godda, in Sessions Case No. 64 of 1986, whereby he has been convicted for the offence under Section 304 Part-ll I.P.C. and under Section 148 I.P.C. and sentenced him to undergo R.I. for ten years for the offence under Section 304 Part-ll, I.P.C. and for two years for the offence under Section 148 I.P.C.
(2.) The prosecution case in brief is that on 14.6.1981 the informant Karu Mandal of Village-Ghoshpur, P.S.- Mahagama, District-Godda, lodged a First Information Report stating therein that he alongwith his brother Wakil Mandal, his wife Nirma Devi, Munni Devi wife of Wakil Mandal and Mostt. Madho the mother-in- law of Wakil Mandal, was doing work in their maize field bearing plot No. 99. In the meantime the accused person namely Badri Mandal, Dhiru Mandal, Jaikrishna Mandal, Ram Bilash Mandal @ Bilash Mandal, Chhedi Sah and Jharu Sah armed with various deadly weapons came there and objected the informant to their work as a result of which there was an altercation. Thereafter, Jharu Sah assaulted with Garasa result of which the informant got injury on his thumb of the left hand. Mostt. Madhu went there to save him but Jharu Sah assaulted with Garasa and caused injury on her left hand, Ram Bilash Mandal @ Bilash Mandal also assaulted her on her head with Chhebni, result of which blood started oozing out. Jharu Sah assaulted her numbers of times. She fell down and died at the place of the occurrence. Thereafter, the accused persons fled away. On raising alarm by the informant party, villagers arrived there and the informant narrated them about the occurrence. It is further stated in the F.I.R. the aforesaid lands belong to Sohan Mandal and Mohan Mandal. The daughter of Mohan Mandal namely Kaushalya was the mother of the informant Karu Mandal. The accused Badri Mandal and Dhiru Mandal were sons of Sohan Mandal. After the death of Mohan Mandal and his daughter, the informant Karu Mandal got the said land. There was a case in respect of the lands between the aforesaid parties fifteen years ago in the civil court which was ended in compromise. On the basis of this, case has been registered against the appellant under Sections 147, 148, 149, 324, 302 I.P.C. and against all the aforesaid accused persons.
(3.) The prosecution has examined ten witnesses to prove its case. P.W. 1 is Wakil Mandal, P.W. 2 is Karu Mandal, the informant, P.W. 3 is Nirma Devi wife of Wakil Mandal, and P.W. 4 is Mahabir Sah, P.W. 5 is Md. Idrish, P.W. 6 is Md. Abdul Latif, P.W. 7 is Md. Mannir, P.W. 8 is Meena Devi, P.W. 9 is Doctor who held the Post Mortem and the P.W. 10 is I.O. of this case. P.Ws. No. 4, -5, 6, 7 and 8 have been tendered. In their cross-examination they have stated that they have no knowledge about the occurrence.;