{"id":259380,"date":"2009-03-17T00:00:00","date_gmt":"2009-03-16T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mahadeo-mandal-ors-vs-state-of-bihar-on-17-march-2009"},"modified":"2016-01-01T16:02:12","modified_gmt":"2016-01-01T10:32:12","slug":"mahadeo-mandal-ors-vs-state-of-bihar-on-17-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mahadeo-mandal-ors-vs-state-of-bihar-on-17-march-2009","title":{"rendered":"Mahadeo Mandal & Ors vs State Of Bihar on 17 March, 2009"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Mahadeo Mandal & Ors vs State Of Bihar on 17 March, 2009<\/div>\n
                  Criminal Appeal (D.B) No.227 of 1991\n                                      With\n                  Criminal Appeal (D.B) No.154 of 1991\n                                      ----\n            Against the judgment of conviction and order of sentence dated\n            8.5.1991 passed by Sessions Judge, Deoghar in Sessions Case\n            No.8 of 1987.\n                                      ----\n\n             Ram Prasad Mandal.......Appellant (in Cr. App. No.227 of 1991)\n            1.Mahadeo Mandal\n            2.Jhupar Mandal\n            3.Congress Mandal\n            4.Salik Mandal\n            5.Robin Mandal\n            6.Thetho @ Titu Mandal\n            @ Thetho Mandal\n            7. Thakur Mandal...............(Appellants (in Cr. App. No.154 of 1991)\n\n                                      VERSUS\n\n            State of Bihar now Jharkhand ..................................Respondent\n\n            For the Appellant: M\/s. K.P.Deo and Bharat Kumar\n            For the State    : Mrs. Anita Sinha, A.P.P\n\n                                    P R E S E N T\n                        THE HON'BLE MR. JUSTICE AMARESHWAR SAHAY\n                        THE HON'BLE MR. JUSTICE R. R. PRASAD\n\nBy Court:         Since both the appeals arise out of the common judgment<\/pre>\n
            it were heard together and are being disposed of by this common<\/p>\n
            judgment.\n<\/p>\n
                  The appellant, Ram Prasad Mandal having been found guilty<\/p>\n
            for committing murder of one Baldeo Mandal was convicted under<\/p>\n
            section 302<\/a> of the Indian Penal Code whereas the other appellants<\/p>\n
            including Mahadeo Mandal and Thetho @ Titu Mandal @ Thetho<\/p>\n
            Mandal (Both died during the pendency of this appeal) were<\/p>\n
            convicted under section 302<\/a>\/149<\/a> of the Indian Penal Code and all<\/p>\n
            of them were sentenced to undergo rigorous imprisonment for life.<\/p>\n
            Further the appellant, Robin Mandal having been found guilty for<\/p>\n
            an offence under section 307<\/a> of the Indian Penal Code for making<\/p>\n
            an attempt on the life of Muli Mandal and Kalia Mandal was<\/p>\n
            sentenced to undergo rigorous imprisonment for 7 years. He was<\/p>\n
            further sentenced along with Ram Prasad Mandal, and Thakur
\n                            2<\/span><\/p>\n
Mandal to undergo rigorous imprisonment for two years under<\/p>\n
section 148<\/a> of the Indian Penal Code whereas all other accused<\/p>\n
were sentenced to undergo rigorous imprisonment for one year<\/p>\n
under section 147<\/a> of the Indian Penal Code.\n<\/p>\n
      The case of the prosecution is that on 30.6.1986 at about 4<\/p>\n
P.M. while Alosi Maldalain (P.W.5) wife of the deceased was<\/p>\n
working inside the house, she heard some sound as if someone is<\/p>\n
breaking the roof tiles.       When she came out, she saw the<\/p>\n
appellants, Jhupar Mandal, Congress Mandal and Salik Mandal<\/p>\n
breaking the tiles of her roof by lathi and then raised alarm. Upon<\/p>\n
it, all the three persons came to the house of the appellant<\/p>\n
Mahadeo Mandal (since died). Meanwhile, her husband (deceased)<\/p>\n
came running over there. On seeing him, the appellants, Mahadeo<\/p>\n
Mandal, Robin Mandal and Thetho @ Titu Mandal @ Thetho Mandal<\/p>\n
(since died) exhorted others to kill him. Thereupon, all the<\/p>\n
appellants came near his house along with 8-10 unknown persons<\/p>\n
and then appellant, Ram Prasad Mandal on the order of Mahadeo<\/p>\n
Mandal shot an arrow which hit on the chest of Baldeo Mandal,<\/p>\n
who died at the spot. In that occurrence Muli Mandal (P.W.2) and<\/p>\n
Kaila Mandal (P.W.3)also sustained injuries caused by arrow.<\/p>\n
      On the next day at about 10.30 A.M,        Chaukidar Harilal<\/p>\n
Mandal informed to one P.C.Malviyar (P.W.7) the Officer- in-<\/p>\n
Charge, of Karon Police Station that some persons have sustained<\/p>\n
injuries in course of altercation in between Mahadeo Mandal and<\/p>\n
Baldeo Mandal. The Officer-in-Charge having entered the said<\/p>\n
information in the Station Diary (Ext.A) proceeded to the place of<\/p>\n
occurrence where he reached at about 4 P.M. and recorded<\/p>\n
Fardbeyan (Ext.3) of Alosi Maldalain (P.W.5) wife of the deceased<\/p>\n
wherein she disclosed that her husband, whose parents had died in<\/p>\n
his childhood, was brought up by Dasrath Mandal, father of the
\n                             3<\/span><\/p>\n
appellant Thetho @ Titu Mandal @ Thetho Mandal, who had given<\/p>\n
two bighas of the land to his husband which the appellants wanted<\/p>\n
to get it back and as such, they committed offence in the manner<\/p>\n
stated above.      On the basis of said Fardbeyan, a case was<\/p>\n
instituted. After taking over the investigation, the Investigating<\/p>\n
Officer recovered four arrows (Exts.I to I\/3) from the place of<\/p>\n
occurrence      which were seized under seizure list (Ext.5). The<\/p>\n
Investigating Officer having found Muli Mandal (P.W.2) and Kaila<\/p>\n
Mandal (P.W.3) injured referred to them to Doctor for their<\/p>\n
examination. Accordingly, both were examined by Dr. Harihar<\/p>\n
Prasad Mandal (P.W.8) who found the following injuries on the<\/p>\n
Kaila Mandal.\n<\/p>\n
       Punctured wound \u00bd” x 1- \u00bd ” x 2″ directing upward in front<\/p>\n
of left side of chest.\n<\/p>\n
       Dr. also found following injuries on the person of Muli<\/p>\n
Mandal (P.W.2)<\/p>\n
       Punctured wound \u00bd” x \u00bd ” x 2″ directing upward on lateral<\/p>\n
side of right thigh.\n<\/p>\n
       Injuries on both the persons as per injury report (Ext.7 and<\/p>\n
7\/1) were found to be simple.\n<\/p>\n
       The Investigating Officer, on holding inquest on the dead<\/p>\n
body prepared inquest report (Ext.4) and then sent the dead body<\/p>\n
for post mortem examination which was conducted by<\/p>\n
Dr.Kameshwar Prasad (P.W.6), who found following ante mortem<\/p>\n
injuries.\n<\/p>\n
                      “One lacerated penetrating wound of \u00bc ”
\n                diameter on front of chest, in middle at the base of
\n                membrane sternum x chest cavity deep.\n<\/p><\/blockquote>\n
                      On opening the chest, right pleura and right
\n                upper and middle lobes of right lung was found
\n                punctured.”<\/p><\/blockquote>\n
\n                           4<\/span><\/p>\n
      Dr. issued post mortem examination report (Ext.2) with an<\/p>\n
opinion that death was caused due to shock and bleeding, as a<\/p>\n
result of above noted injuries caused by substance like an arrow.<\/p>\n
      On completion of investigation, police submitted charge<\/p>\n
sheet against the appellants upon which cognizance of the offence<\/p>\n
was taken and in due course when the case was committed to the<\/p>\n
court of sessions, charges were framed        to which the appellants<\/p>\n
pleaded not guilty and claimed to be tried.\n<\/p>\n
      In course of trial, the prosecution examined as many as five<\/p>\n
witnesses. On them, Muli Mandal (P.W.2), Kaila Mandal (P.W.3),<\/p>\n
Jhuniya Mandalain, daughter-in-law of the deceased, (P.W.4) and<\/p>\n
P.W.5 the informant, Alosi Mandalain (wife of the deceased) are<\/p>\n
the eye witnesses.\n<\/p>\n
According to the case of the defence,         they have falsely been<\/p>\n
implicated in this case due to enmity and, in fact, occurrence never<\/p>\n
took place in other manner it was projected by the prosecution<\/p>\n
rather it took place in the manner it was given by accused Mahadeo<\/p>\n
Mandal (since died) in his Fardbeyen (Ext.B)         which has been<\/p>\n
recorded on the same day when the Fardbeyan of the informant<\/p>\n
was recorded wherein it has been stated by said Mahadeo Mandal<\/p>\n
that when the members of the prosecution party did attack on his<\/p>\n
house and caused injury to his daughter-in-law, he shot arrows<\/p>\n
causing injury to the deceased and other injured.<\/p>\n
      That apart, one of      the appellants, namely, Ram Prasad<\/p>\n
Mandal had also taken plea of alibi and in order to prove such plea,<\/p>\n
he has examined himself as D.W.3 and also produced a document<\/p>\n
(Ext.4) to establish that he, on the day of occurrence, was at<\/p>\n
Asansol.\n<\/p>\n
      The trial court having found the appellants guilty passed the<\/p>\n
order of conviction and sentenced as aforesaid.
\n                            5<\/span><\/p>\n
        Being aggrieved with the judgment of conviction and order<\/p>\n
of sentence, the appellants have preferred this appeal.<\/p>\n
        Learned counsel appellants submits that occurrence as has<\/p>\n
been claimed by the prosecution never occurred in the manner in<\/p>\n
which it has been projected, rather it took place in the manner<\/p>\n
which was projected by Mahadeo Mandal (since died) in his<\/p>\n
Fardbeyan (Ext.B) recorded by the same Investigating Officer on<\/p>\n
the same day when he had recorded the Fardbeyan of the<\/p>\n
informant (P.W.5) and the version of the Mahadeo Mandal gets<\/p>\n
support from the objective finding of the Investigating Officer<\/p>\n
whereby he found marks of arrow on the door and over the wall of<\/p>\n
the house of the deceased but this aspect of the matter, which was<\/p>\n
quite significant to show the falsity of the prosecution case was<\/p>\n
never taken into consideration in right perspective by the learned<\/p>\n
trial judge and hence, the order of conviction and sentence is quite<\/p>\n
bad.\n<\/p>\n
        However, learned counsel appearing for the State submits<\/p>\n
that versions of the eye witnesses as many as five in number get<\/p>\n
corroboration from the medical evidence and therefore, trial court<\/p>\n
has rightly passed the order of conviction and sentence against<\/p>\n
them.\n<\/p>\n
        On perusal of the record, we do find that P.W.1 Sito Mandal,<\/p>\n
P.W.2 Muli Mandal, P.W.3 Kaila Mandal and P.W.4 Jhuniya<\/p>\n
Mandalain all claimed themselves to be the eye witnesses have<\/p>\n
testified that while the appellants, Jhupar Mandal, Congress Mandal<\/p>\n
and Salik Mandal were breaking the tiles of the roof of the house of<\/p>\n
the deceased, the informant Alosi Mandalain (P.W.5) raised alarm<\/p>\n
and then the accused persons came to the house of Mahadeo<\/p>\n
Mandal. Meanwhile, when Baldeo Mandal (deceased) came to his<\/p>\n
house, Ram Prasad Mandal on the order of Mahadeo Mandal shot
\n                           6<\/span><\/p>\n
an arrow causing injury to Baldeo Mandal, who fell down and died.<\/p>\n
They have further deposed that when Muli Mandal (P.W.2) and<\/p>\n
Kaila Mandal (P.W.3) came over there, the appellant Rabin Mandal<\/p>\n
shot   arrows which hit them, as a result of which they became<\/p>\n
injured. Similar is the version of the informant (P.W.5). But the<\/p>\n
testimonies of all the witnesses are susceptible to doubt for the<\/p>\n
reason that P.W.7, the Investigating Officer when came at the<\/p>\n
place of occurrence, he did notice the marks of arrow hitting on the<\/p>\n
wall as well as on the door of the house of the deceased, whereas<\/p>\n
according to the prosecution witnesses, one arrow shot by the<\/p>\n
appellant Ram Prasad Mandal hit the deceased and other two<\/p>\n
arrows shot by him hit the injured Muli Mandal (P.W.2) and Kaila<\/p>\n
Mandal (P.W.3) and the third one went off begging. Under this<\/p>\n
situation, had that version been true, there would have no scope of<\/p>\n
finding   arrow marks on the door as well as on the wall of the<\/p>\n
house of the deceased but those marks were found to be there<\/p>\n
which certainly creates doubt over the manner of occurrence, as<\/p>\n
projected by the prosecution which also becomes doubtful by the<\/p>\n
disclosure made by the Choukidar before the Officer-in-Charge of<\/p>\n
Karon Police Station disclosing therein that some persons sustained<\/p>\n
injuries in course of altercation in between the Baldeo Mandal and<\/p>\n
Mahadeo Mandal. The said information which had been entered<\/p>\n
into the Station Diary   has been proved as Ext.A.       The doubt<\/p>\n
further deepens when one takes notice of the statement made by<\/p>\n
the accused Manadeo Mandal (since died) before the Investigation<\/p>\n
Officer at the place of occurrence on the same day in his Fardbeyan<\/p>\n
(Ext.B) wherein it has been stated that while he was in his house,<\/p>\n
the deceased and also other accused persons came to his house<\/p>\n
and started breaking the tiles and upon it, when his daughter-in-<\/p>\n
law came, she was assaulted, as a result of which, she fell down
\n                            7<\/span><\/p>\n
and when he brought her inside the house, accused persons<\/p>\n
entered into the house by breaking upon the door and started<\/p>\n
searching him and then in order to      save his life, he   shot 3-4<\/p>\n
arrows. Later on it was told to him that one arrow hit Baldeo<\/p>\n
Mandal, as a result of which he died and Muli Mandal and Kaila<\/p>\n
Mandl sustained injuries as they were also hit by arrow. This<\/p>\n
statement seems to have been made simultaneously when the<\/p>\n
Fardbeyan of the informant was recorded and, therefore, it cannot<\/p>\n
be thrown out-rightly as an after thought story, rather in the facts<\/p>\n
and circumstances, story of the defence appears to be more<\/p>\n
probable. On he other hand, prosecution seems to have failed to<\/p>\n
establish even the genesis of occurrence as according to the<\/p>\n
prosecution case, three accused persons came to the house of the<\/p>\n
deceased and started breaking the roof tiles. On seeing this when<\/p>\n
informant (P.W.5) raised alarm, they came to the house of other<\/p>\n
accused and subsequent to it occurrence took place but factum of<\/p>\n
breaking of the tiles never seems to have been established by the<\/p>\n
prosecution as the Investigating Officer in his objective finding has<\/p>\n
never said about the breaking of the tiles of the house of the<\/p>\n
deceased.\n<\/p>\n
      Going further in the matter, we do find that, according to<\/p>\n
eye witnesses, when Baldeo Mandal fell down after being hit by<\/p>\n
arrow, P.W.2 Muli Mandal and P.W.3 Kaila Mandal reached over<\/p>\n
there and then they sustained arrow injuries when it was shot by<\/p>\n
Robin Mandal but it is strange to note that P.W.2 Muli Mandal<\/p>\n
though in his examination-in-chief has supported the prosecution<\/p>\n
case but he never seems to have stated about the occurrence in<\/p>\n
the manner in which he deposed in his statement under section<\/p>\n
161<\/a> of the Code of Criminal Procedure where he had stated that<\/p>\n
he never saw anyone shooting from an arrow. If this was the first
\n                                            8<\/span><\/p>\n
            version of P.W.3, then that also creates doubt over the testimony<\/p>\n
            of P.W.2, another eye witness as he also seems to have reached<\/p>\n
            at the place of occurrence simultaneously with P.W.3.<\/p>\n
                   So far P.W.1, Sito Mandal and P.W.4 Jhuniya Mandalain<\/p>\n
            (daughter-in-law of the deceased) are concerned, they though<\/p>\n
            have claimed to have seen the accused persons shooting arrows<\/p>\n
            but their names do not find mentioned in the Fardbeyan of P.W.5,<\/p>\n
            rather P.W.5 in her Fardbeyan only speaks about the P.Ws. 2 and<\/p>\n
            3, whom she saw at the place of occurrence.       Accordingly,<\/p>\n
            credibility of these two witnesses are also not above board.<\/p>\n
                   Thus, prosecution does not seem to have established the<\/p>\n
            case beyond all reasonable doubt, rather, in the circumstances as<\/p>\n
            stated above, all the appellants deserve benefit of doubt.<\/p>\n
            Accordingly, the order of conviction and sentence passed by the<\/p>\n
            trial court is hereby set aside. Consequently, they are acquitted of<\/p>\n
            the charges levelled against them and are discharged from the<\/p>\n
            liability of the bail bonds.\n<\/p>\n
                   In the result, these two appeals are allowed.\n<\/p>\n
\n
                                                     ( Amareshwar Sahay, J)<\/p>\n
                                                     ( R. R. Prasad, J. )<\/p>\n
Jharkhand High Court, Ranchi
\nThe 17th March, 2009
\nNAFR\/N.Dev\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Mahadeo Mandal & Ors vs State Of Bihar on 17 March, 2009 Criminal Appeal (D.B) No.227 of 1991 With Criminal Appeal (D.B) No.154 of 1991 —- Against the judgment of conviction and order of sentence dated 8.5.1991 passed by Sessions Judge, Deoghar in Sessions Case No.8 of 1987. —- Ram Prasad Mandal…….Appellant […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-259380","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nMahadeo Mandal & Ors vs State Of Bihar on 17 March, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mahadeo-mandal-ors-vs-state-of-bihar-on-17-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mahadeo Mandal & Ors vs State Of Bihar on 17 March, 2009 - 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