RANCHI, India, Sept. 24 -- Jharkhand High Court issued the following order on Aug. 25:

1. The instant appeal was preferred by seven appellants out of them, original appellants, Sitaram Mandal, Gopi Mandal, Harihar Mandal and Jethu Mandal had died during pendency of this appeal and their appeal has been abated vide order dated 24.04.2025.

2. This appeal is preferred for setting aside the judgment of conviction and sentence of the appellants dated 21.01.2003 passed by learned 3rd Additional District & Sessions Judge, Dumka in Session Case Nos.346 of 1984/373 of 2002, whereby and whereunder the appellants have been held guilty for the offences under Sections 302/149 of Indian Penal Code and sentenced to undergo R.I. of life and the appellants have further been held guilty for the offences under Sections 147 and 323 of Indian Penal Code and sentenced to undergo R.I. of 6 months. All the sentences were directed to run concurrently.

3. We have already heard the arguments of Mr. Jitendra Tripathi, learned counsel for the appellants and Mr. Pankaj Kumar Mishra, learned A.P.P. for the State.

FACTUAL MATRIX

4. Factual matrix giving rise to this appeal is that in the morning at 7-8 AM on 10.10.1979, the informant was ploughing his field along with his brother Dhani Mandal and nephew Kailash Mandal, meanwhile, accused, Shiv Charan Mandal and Ram Das Mandal had come along with other accused persons. Accused Shiv Charan Mandal was armed with axe and other accused persons were armed with lathi. They intervened the informant party, thereafter, the scuffle took place and accused Shiv Charan Mandal assaulted the informant and his brother with axe and the rest of accused persons brutally assaulted both of them with lathi as a result of which Dhani Mandal sustained serious injuries and fell down being unconscious. Again his body was pressed by bamboo stick. It is further alleged that hearing hullah, the villagers arrived at the place of occurrence and injured persons were brought to hospital. The motive for occurrence is alleged that the father of the informant and father of Ramchandra had exchanged some land but after some days, Ramchandra had taken back his land from the informant but Ramchandra did not give the land to informant party of his own which was received by him in exchange rather it was sold to the accused Shiv Charan Mandal. A panchyati was also held in this connection but the accused persons did not honor the decision of the panchyati and in course of taking possession of P.O. land by the prosecution party, the alleged occurrence took place.

On the basis of above fardbayan of the informant, Gobardhan Mandal (P.W.1) recorded by S.I. P.N. Tigga on 10.10.1979 at Sariyahat State Dispensary, FIR was registered for the offences under sections 147, 148, 323, 324 and 307 of Indian Penal Code. In course of investigation, the injured Dhani Mandal died and the case was converted under section 302 of IPC also. After completion of investigation, charge-sheet was submitted against the accused persons for the offences under sections 147, 148, 447, 323, 302, 324 and 307 of Indian Penal Code.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=WSRFLpK7bpll%2Fzvq9H5YQqzbJy9xmHcYrhlS3xL3nikF58cQHNfn3HQM17JG4LAl&caseno=Cr.A(DB)/158/2003&cCode=1&cino=JHHC010211142003&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.