Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.428 of 2005 [Against the judgment of conviction dated 12.5.2005 and sentence dated 18.5.2005 passed by Sri Manoj Kumar Verma, learned Additional Sessions Judge, F. T. C. –I, Madhubani in Sessions Trial No. 114 of 1999/ 292 of 2002] =========================================================== 1. Narayan Mandal son of Late Niras Mandal 2. Suresh Mandal son of Narayan Mandal Both are residents of village Satlakha, P.S. Rahika, District- Madhubani. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Ms. Nitu Sinha, Amicus Curiae. For the Respondent/s : Mr. Ashwini Kumar Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 27-09-2012 This appeal has been filed by the appellants Narayan Mandal and his son Suresh Mandal against the judgment of conviction dated 12.5.2005 and sentence dated 18.5.2005 passed by the learned Additional Sessions Judge, F. T. C. –I, Madhubani in Sessions Trial No. 114 of 1999/ 292 of 2002 by which both of them have been sentenced to rigorous imprisonment for life under [STATUTE] . 2. According to the Fard Beyan (Ext. 2) of the Patna High Court CR. APP. (DB) No. 428 of 2005 dt. 27-09-2012 2 2 / 10 2 / 102 informant Rampuri Devi (P.W. 7) is that on 11.6.1998 at 7 p.m. her husband Jagdish Mandal (deceased) returned to his house from duty and asked whose child has made stool. His younger child Pankaj Kumar Mandal informed that the son of Suresh Mandal has made stool there. The deceased uttered that the place should be cleaned, in the meantime Suresh Mandal came out from his house and made altercation. Thereafter, Suresh Mandal took out Chhura from his waist and assaulted her husband Jagdish Mandal (deceased) who fell down in severe condition. The occurrence was facilitated by Narayan Mandal and his son Suresh Mandal. On raising alarm by the informant, her Debar Hiralal Mandal (P.W. 3), Dular Mandal (P.W. 4), her daughter Parmila Devi (P.W. 5), Urmila Devi (P.W. 1), Dhanraj Mandal (P.W. 2). Rijhan Mandal (P.W. 6) and others came there and witnessed the occurrence. Her husband was taken to Rahika hospital for treatment where he succumbed to his injuries. 3. Fard beyan was recorded by A S I, P Rai (P.W. 10) on 12.6.1998 at 12.30 P.M. at Primary Health Centre, Rahika. On the basis of fard beyan Town (Rahika) P. S. Case No. 169/98 dated 12.6.1998 was instituted against both the appellants for the offence punishable under [STATUTE] . After investigation charge-sheet was submitted, cognizance was taken; the case was committed to the Court of Sessions. The charge was framed Patna High Court CR. APP. (DB) No. 428 of 2005 dt. 27-09-2012 3 3 / 10 3 / 103 under [STATUTE] to which they denied and claimed to be tried. After trial both of them have been convicted and sentenced as aforesaid. 4. This appeal has been registered on the basis of an application filed by the appellants before the Jail Superintendent, Madhubani. No advocate has been engaged by both of them. The amicus curiae has assisted the Court in hearing of this appeal. 5. The defence of the appellants is that they have been falsely implicated in this case. 6. This Court is required to reappraise the prosecution evidence and to consider as to whether the prosecution has been able to substantiate its charge beyond shadow of all reasonable doubts. 7. The prosecution has examined altogether 11 witnesses; P. W. 1 Urmila Devi, daughter of the informant, P. W. 2 Danraj Mandal, P. W. 3 Hiralal Mandal, P. W. 4 Dular Mandal, P. W. 5 Pramila Devi, another daughter of the informant, P. W. 6 Rijhan Mandal, P. W. 7 Ram Pari Devi, the informant of this case, P. W. 8 Mahadeo Panjiyar, P. W. 9 Ram Lochan Mandal, P. W. 10 Pitambar Rai, the Investigating Officer and P. W. 11, the doctor Raishul Azam who has conducted the autopsy on the deceased. No defence witness has been examined in this case. P. W. 8 and P. W. 9 are only the formal witnesses, who have Patna High Court CR. APP. (DB) No. 428 of 2005 dt. 27-09-2012 4 4 / 10 4 / 104 proved the signature of the Officer-in-Charge of the Town Police Station Madhubani on formal FIR as Ext. 1. P. W. 9 is a seizure- list witness. 8. P. W. 7 is the informant and the wife of the deceased. She has stated that on the date of occurrence her husband returned to his house from SDO Office where he was working as a peon. Her husband asked as to why latrine made on the way to the courtyard was not removed. Eldest grandson of Narayan Mandal had made stool there. Narayan Mandal instigated his son Suresh Mandal to assault the deceased. Suresh Mandal gave a chhura blow to her husband Jagdish Mandal who fell down after receiving injury. He was taken to Rahika hospital where he died during treatment. Her statement was recorded by the office-in-charge in the hospital. She has identified both the appellants in the Court. In her cross-examination, she has stated that Narayan Mandal is the elder brother of her husband and Suresh Mandal is his son. Both of them live in the same courtyard. No altercation was made between Narayan and her husband. At the time of occurrence 10 persons were in the courtyard. She has further stated that the appellants have one and a half bighas of land. The partition had been made between the accused and the deceased. The courtyard and the house were also partitioned. Northern side of courtyard was allotted to Suresh, Patna High Court CR. APP. (DB) No. 428 of 2005 dt. 27-09-2012 5 5 / 10 5 / 105 western side was allotted to the deceased and western side was allotted to Hira and eastern side was allotted to Dular Mandal. Stool was made in the share of her land. She has further stated that she has made statement before

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.