Ravishwar Manjhi & Ors vs State Of Jharkhand

3. The occurrence is said to have taken place on or about 31.10.1997 at about 2.00 p.m. at village Simultand within the jurisdiction of Chandan Kiyari (Bangaria Assistant Thana) Police station in the district of Bokaro. First Information Report (FIR) in relation to the said incidence is said to have been recorded at 3.45 p.m. in the complainant's (Suresh Kumar Das, P.W.10) house. In the FIR, it was alleged by the complainant that when his father Nagender Nath Das (deceased) and uncle Manpuran Das were sitting in front of their house after taking meal, he heard a noise (hulla) whereupon he came out and saw Ravishwar Manjhi, son of Berda Manjhi armed with `iron tenta', Jaleshwar Manjhi, son of Veda Manjhi armed with `tangi', Kala Chand Manjhi, son of Berda Manjhi, Santu Manjhi son of Balesar Manjhi armed with `bhala', Raghu Manjhi son of late Nakul Manjhi armed with `bhala' and Umakant Rajak armed with `bhala' were assaulting his father and uncle. He raised an alarm whereupon his other uncle Gour Das came to rescue them. Jaleshwar Manjhi assaulted him also with a `tangi' as a result of which he had received an injury on the palm of his right hand. Manpuran Das, his uncle sustained injuries on his left armpit, on left knee joint and on the left side of the head. Jaleshwar Manjhi caused tangi blow to his father.

4. P.W.17-Shankar Ram A.S.I., however, stated that on the said date he had received a phone call informing him that a fight was going on at village Simultand. On the basis of the said information, he recorded a `Sanha' and proceeded towards the place of occurrence. However, admittedly, the said `Sanha' has not been produced. He, furthermore, did not disclose as to from whom he received the information.

5. Indisputably, another fard-beyan of Ravishwar Manjhi (accused No.5) was recorded by one Alok Kumar, the Investigating Officer of the present case. He, however, had not been examined by the prosecution.

7. The case of the appellants as stated in the said FIR No. 105 lodged by the accused No. 5 is that the deceased had trespassed into his house and tried to outrage the modesty of Chinta Muni Majhian, wife of his younger brother and when she raised alarm, appellants tried to save her. The deceased, however, was armed with a tangi wherewith he assaulted on both the appellants. He called all his family members who also were armed with lethal weapons. Appellants were assaulted causing injuries to them. The injuries sustained by the appellants Ravishwar Manjhi and Jaleshwar Manjhi were examined by the SHO Chandankiyari Police Station. He prepared injury reports of the appellants and sent them to the hospital for further treatment.

They, however, chose to go to village Chas which is at a distance of 22 kilometers from the place of occurrence and were admitted in the clinic of P.W.11.

deep and in its area had lacerated right kidney bodily through out its breadth. It had also perforated the peritoneum and the ascending column of the large gut and part of the small intestine. The soft tissue and pours of the aforesaid would was lacerated. The abdominal cavity was filled with blood clots, faecal matter and other intestinal material.

11. Before the learned Sessions Judge, Seventeen witnesses were examined on behalf of the prosecution. P.W.1- Manpuran Das, P.W.7-Parmeshwar Das, and P.W. 9-Gour Das were injured witnesses. P.W. 2- Rajan Das (Pradeep Kumar Das), P.W. 3-Dhaneshwar Das (Dhona Das), P.W. 6 Khagendra Nath Das, P.W. 8-Neelam Devi and P.W. 10- Suresh Kumar Das (Informant) were said to have witnessed the occurrence. P.W. 4 Chinta Haran Das and P.W. 5-Mantu Das were also said to have witnessed a part of the occurrence.

On the basis of the aforementioned finding, the accused persons were convicted and the following sentences were imposed:

33. For the reasons aforementioned, we are of the opinion, that it is possible for the court to arrive at the conclusion that the appellants were entitled to exercise their right of private defence. The appeal is allowed. Ravishwar Manjhi (accused No. 5), Jaleshwar Manjhi (accused No. 6) and Kala Chandra Manjhi (acused No.3) who are in custody are directed to be set at liberty and released forthwith unless wanted in connection with any other case.

The bail bonds of Santu Manjhi (accused No. 4) and Umakant Rajak (accused No. 1) shall stand discharged.

For Appellant(s) Mr. Anand, Adv.

Mr. Azim H. Laskar, Adv.

Mr. Abhijit Sengupta,Adv.

For Respondent(s) Mr. Ratan Kumar Choudhuri,Adv.

Hon'ble Mr. Justice S.B. Sinha pronounced the Judgment of the Bench comprising of His Lordship and Hon'ble Mr. Justice Cyriac Joseph.

Leave granted.

For the reasons mentioned in the singed judgment, the appeal is allowed. Ravishwar Manjhi (accused No.5), Jaleshwar Manjhi (accused No.6) and Kala Chandra Manjhi (accused No.3) who are in custody are directed to be set at liberty and released forthwith unless wanted in connection with any other case. The bail bonds of Santu Manjhi (accused No.4) and Umakant Rajak (accused No.1) shall stand discharged.