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2000 DIGILAW 1019 (PAT)

Mohan Manjhi And Another v. State Of Bihar

2000-08-21

INDU PRABHA SINGH

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Judgment 1. Both above named appellants have been convicted under Secs. 457/460/302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years under Sec. 460 of the Indian Penal Code and no separate sentence under Sec. 457 of the Indian Penal Code was passed. They have been further convicted under Sec. 302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years. However, both sentences have been ordered to run concurrently. 2. The prosecution case in short is that the informant, Indu Mahto (not examined) along with others forest guard namely Jiblal Gops and Ali Hussain Mian was sleeping in the quarter. In the night at about 1.30 A.M. he woke up on hearing sound of Khat Khat. It has been alleged that the electric bulb was lighted in the room and in that light he saw the accused persons namely Mohan Manjhi and Lala Turi holding Tangi in their hands. The accused persons started assaulting him all on sudden by means of Tangi and was abusing him on the ground that he was the person who used to object to cut the trees in the forest and were shouting to kill him informant. On hulla raised by the informant, other forest guard namely Jiblal Gope and Ali Hussain Mian whowere sleeping in the same room also woke up and came there. They were also assaulted by means of Tangi by the accused persons. It has further been alleged that after assaulting them the accused/appellants took away the cash and other articles from their possession. After that they were sent to the hospital for their treatment and Fardbayan of the informant Ext-2 was recorded by the S.I. S. Roy Officer-incharge, Bishnugarh police station on 1-6-1989 at 5.00 A.M. in Bishnugarh hospital. On the basis of fardbayan of the informant a formal F.I.R. was drawn up. After completion of investigation chargesheet was submitted against the appellants and cognizance was taken and the case was committed to the Court of Session for trial. Ultimately the trial concluded with the result as stated above. 3. Prosecution in support of its case examined altogether four witnesses. P.W. 1 is Jib Lal Gope. P.W. 2 is Ali Hussain Mian. P.W. 3 is Doctor Om Prakash who had examined the informant Indu Mahto, Jib Lal Gope (P.W. 1) and Ali Hussain Mian (P.W. 2). Ultimately the trial concluded with the result as stated above. 3. Prosecution in support of its case examined altogether four witnesses. P.W. 1 is Jib Lal Gope. P.W. 2 is Ali Hussain Mian. P.W. 3 is Doctor Om Prakash who had examined the informant Indu Mahto, Jib Lal Gope (P.W. 1) and Ali Hussain Mian (P.W. 2). Informant of this case has not been examined. Inspite of several efforts made by the Court he did not turn up. 4. P.W. 1 has stated that he along with the informant and Ali Hussain Mian were sleeping in the room in the night and he woke up when alarm raised by the informant. He has further stated that the appellants had entered into the room and they were assaulting the informant. He has also stated that when he raised alarm the appellants shouted to throw bomb and one of them threw a stone on his head which hit on the mouth and two teath were broken. He has further stated that the appellants also assaulted him on his hand and elbow. He claimed to have identified both appellants in the light of bulb which was lighted in the room. He has also stated that the appellants took away his cash of Rs. 1660.00 , one torch, one umbrella, one wrist watch. 5. P.W. 2 has fully supported the factum of the occurrence as stated by the P.W. 1. He has stated that he was assaulted by the appellants on his head causing bleeding injury and fell unconcious. He has stated that he identified the appellants by face but he did not know their names. He has also stated that they were taken to hospital where they were treated by Doctor P.W. 3. 6. P.W. 3 is Doctor Om Prakash who has examined the informant Jiblal Gope P.W. 1 and Ali Hussain P.W. 2 on 1-6-1989 in Bishnugarh hospital. According to him, there were incised wounds on the left half of the face and over central part of scalp of informant which were caused by sharp cutting weapon. According to him, he also found incised wound over the scalp grievous in nature caused by sharp heavy weapon on the person of P.W. 1. He also found incised wound over left arm caused by sharp edged heavy instrument and three upper incised teeth were found uprooted of P.W. 1.6. According to him, he also found incised wound over the scalp grievous in nature caused by sharp heavy weapon on the person of P.W. 1. He also found incised wound over left arm caused by sharp edged heavy instrument and three upper incised teeth were found uprooted of P.W. 1.6. P.W. 4 I.O. of this case has stated that he visited the place of occurrence and found blood stain and cutting of sandh in the house. He recorded the fardbeyan of the injured in the hospital. From the deposition of the witness it is apparent that the appellant assaulted the informant as well as P.W. 1 and 2. They were injured which have been supported by P.W.3. Doctor who examined them. Although the informant has not been examined but there are other witnesses whose evidence is consistent and corroborating. Only on the ground that the informant has not been examined, the Case of the prosecution cannot be thrown out. The I.O. of this case who visited the place of occurrence has fully supported the prosecution case. He also found the cutting of sandh in the house of the informant. From perusal of the records it appears that the prosecution has been able to establish the case beyond all reasonable doubts and the Court below has rightly convicted the appellants for the offence punishable under S. 460 and 382 of the Indian Penal Code. 7. I do not find any reason to interfere with the conviction of the appellants and it is upheld. 8. Coming to the question of the sentence learned counsel appearing for the appellants submitted that the occurrence took place in the year 1989 and the appellants have sufficiently been punished during the prolonged litigation and they have remained in jail for six months. Therefore, it requires consideration on the point of sentence.9.Keeping in view of the submission and facts and circumstances of the case that the appellants have gone through lot of mental and financial strain during the prolonged proceeding lasting for 11 years. I feel that ends of justice will be met if the sentence of both the appellants are reduced to the period, they have already undergone in jail with a fine of Rs. 1000.00 each to be depositedby them within three months from the date of receipt of a copy of this order. In default they will further undergo R.I. for six months. 1000.00 each to be depositedby them within three months from the date of receipt of a copy of this order. In default they will further undergo R.I. for six months. It is made clear that amount of fine if and when realised by the appellants shall be paid to the P.W. 1 and P.W. 2 by way of compensation.10. With the above modification in the sentence this appeal is is dismissed.Appeal partly allowed.