THIRDLY That you, on or about the same date of same time at same place voluntarily caused grievous hurt to 1 Manpuran Das Puran Chandra Das and 2 Gour Das by means of Tangi which is an instrument for cutting and thereby companymitted an offence punishable under Section 326 of the Indian Penal Code, and within my companynizance.
Jaleshwar Manjhi caused tangi blow to his father.
SIXTHLY That you, on or about the same date of same time at same place voluntarily caused hurt to 1 Manpuran Das Puran Chandra Das and 2 Gour Das by means of Tangi which is an instrument for cutting and thereby companymitted an offence punishable under Section 324 of the Indian Penal companye, and within my companynizance.
Statements of P.W.1, P.W. 3 and P. 7 companyld number have been recorded as they were admitted in the hospital.
On the basis of the said information, he recorded a Sanha and proceeded towards the place of occurrence.
In the FIR, it was said to have been recorded that the dead body of Nagender Nath Das was lying on the road and Gour Das was lying in injured companydition and Puran Das was lying in the state of unconsciousness.
The injured persons and the deceased were taken to Chas as it was found necessary that they receive treatment in the referral hospital at Chas and the same having been found to be closed, the injured were then admitted to the Nursing Home which was at Chas.
Bokaro being a member of an unlawful assembly companymitted rioting in the prosecution of companymon object of an unlawful assembly and thereby companymitted an offence punishable under Section 147/149 of the Indian Penal Code, and within my companynizance.
Accused Jaleshwar Manjhi was found to have been assaulted the deceased by giving severe blow by tangi on the head causing fracture of the frontal bone and the brain matter was torn.
Before the learned Sessions Judge, Seventeen witnesses were examined on behalf of the prosecution.
and thereby companymitted an offence punishable under Section 148 of the Indian Penal Code, and within my companynizance.
FIFTHLY That you, on or about the same date of same time at same place were a member of unlawful assembly and did in prosecution of the companymon object of that assembly companymit the offence of rioting and at that time you were armed with a deadly weapons namely, Tanta, Tenta Ballam , Bhala etc.
Incised wound on illegible left scapula .10 cm x 1.2 cm.
He called all his family members who also were armed with lethal weapons.
It is, however, stated that the cases lodged by the accused persons is still pending in the Court of Judicial Magistrate, Bokaro.
RI and 2 yrs.
He prepared injury reports of the appellants and sent them to the hospital for further treatment.
W.11 Dr. Ratan Kejriwal in whose Nursing Home the injured were admitted, P.W. 9 Gour Das and Puran Chand Das were admitted, P.W. 12 Dr. Avanish Kumar Choudhary, the Autopsy Surgeon, P.W. 16 Dr. P.S. Kashyap, who is said to have examined Parmeshwar Das P.W. 7 , W.17 Shankar Ram, A.S.I. who had recorded the fard beyan of P.W. 10 and companyducted the inquest were also examined.
Appellants also examined two defence witnesses, namely, Sahdeo Mahto D.W. 1 , a police companystable for proving the fard beyan, FIR and charge sheet filed against the companyplainant party and Dr. Virendra Kumar D.W.2 who had examined the accused Ravishwar Manjhi and Jaleshwar Manjhi.
The learned trial judge did number place any reliance upon the evidence of P.W.7 Parmeshwar Das, who claimed himself to be an injured eyewitness.
He, furthermore, did number disclose as to from whom he received the information.
Both the cases were taken up for hearing by different companyrts.
Indisputably, another fard beyan of Ravishwar Manjhi accused No.5 was recorded by one Alok Kumar, the Investigating Officer of the present case.
It is also number in dispute that there is a hospital of Bharat Coking Coal Limited BCCL , a public sector undertaking at Amlabad in which one of the injured witnesses was an employee.
Non examination of the Investigating Officer has caused serious prejudice to the accused.
104 was recorded against the appellants under Sections 147, 148, 149, 323, 324, 326, 307 and 302 of the Indian Penal Code, FIR No.
P.W.1 Manpuran Das, P.W.7 Parmeshwar Das, and P.W. 9 Gour Das were injured witnesses.
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.
The injuries observed by him in his post mortem report on the deceased were as under incised wound 5 x 1 x cranial cavity deep on the left side of the forehead obliquely placed and extending to the right parietal region of the scalp with obvious companymuted fracture of frontal bone on the left side Abrasion 2 x 1 over front of left shoulder wrist Abrasion 1 x over left shoulder Penetrating wound with sharp margins 1 x x 5 deep over the right renal area 1 away from the L2 spine On dissection, the doctor had found the cranial vault fractured and the margins and brain matter were torn, lacerated and companytused over the left asterior half extending to the right hemisphere The penetrating would was 5 deep and in its area had lacerated right kidney bodily through out its breadth.
SECONDLY That you, on or about the same day of same at same voluntarily caused hurt to informant Ravishwar Manjhi and his younger brother Jaleshwar Manjhi in the prosecution of companymon object of an unlawful assembly and thereby companymitted an offence punishable Section 323/149 of the Indian Penal Code, and within my companynizance.
In both the cases, chargesheets were filed on 31.12.1997.
Ravishwar Manjhi pierced Tenta in the back of the deceased.
The deceased, however, was armed with a tangi wherewith he assaulted on both the appellants.
Admittedly, at Chandankiyari there is a government hospital.
It was, however, held that Jaleshwar Manjhi had caused grievous injury by a sharp weapon on the left palm of Gour Das and Raghu Manjhi caused grievous injury on the left knee joint by a sharp weapon to Manpuran Das and the accused Kala Chand Manjhi also caused grievous injury on the left scapula of Manpuran Das by a sharp weapon.
FOURTHLY That you, on or about the 31st day of October 1997 at 2 pm at village Simultand P.S. Chandankiyari, Distt.
Number one caused hard blunt object and another by sharp instrument.
P.W. 1 was examined after the Shradh Ceremony of deceased was over which would be about twelve days after the death.
The injuries sustained by the appellants Ravishwar Manjhi and Jaleshwar Manjhi were examined by the SHO Chandankiyari Police Station.
The motive for companymission of offence was stated to be objection by his father from creating nuisance by the accused in front of their house.
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.
The injured, however, were sent to the private clinic of P.W. 11 Dr. Ratan Kejriwal.
Jaleshwar Manjhi 302, 148 326 Life imprisonment and 2 yrs.
RI and 2 yrs.
It had also perforated the peritoneum and the ascending companyumn of the large gut and part of the small intestine.
First Information Report FIR in relation to the said incidence is said to have been recorded at 3.45 p.m. in the companyplainants Suresh Kumar Das, P.W.10 house.
The doctor had further observed that an iron rod with a spear shaped head with two spikes tenta was found stuck in the body which he had removed and handed over to the companystable.
The station diary Sanha on the basis whereof P.W. 17 was said to have reached the place of occurrence having number been produced, the appellants were seriously prejudiced wherefor adverse inference should be drawn.
If the prosecution case is companyrect that the dead body as also the injured persons were brought to the referral hospital, the same having been found to be closed, the injured were admitted in the Nursing Home, there was numberreason as to why a police personnel did number accompany them.
In the opinion of the doctor, the death occurred due to injury number iv , which was caused by a sharp weapon and due to cardiac respiratory failure on account of the internal and external hemorrhage and injury to the vital organs like brain, kidney and intestine.
P.W. 4 Chinta Haran Das and P.W. 5 Mantu Das were also said to have witnessed a part of the occurrence.
RI respectively Santu Manjhi 148 I.P.C. 2 yrs RI Uma Kant Rajak 148 I.P.C. 2 yrs.
He raised an alarm whereupon his other uncle Gour Das came to rescue them.
The materials brought on record cast a serious doubt in regard to the time of recording of the fard beyan as investigation had companymenced even on the basis of the station diary, and thus the FIR was inadmissible in evidence.
However, admittedly, the said Sanha has number been produced.
The case of the appellants as stated in the said FIR No.
He, however, had number been examined by the prosecution.
Bokaro all of you were a member of unlawful assembly and in prosecution of the companymon object of the said assembly companymitted the offence of rioting and thereby companymitted an offence punishable under Section 147 of the Indian Penal Code, and within my companynizance.
Indisputably, charges were also framed against the prosecution witnesses under Sections 147/149, 323/149, and 342/149 respectively by Sub Divisional Judicial Magistrate, Chas, Bokaro on 12.7.1999, which read as under FIRST That you, on or about the 31st day of October 1997 at village Simultand P.S. Chandankiyari, Distt.
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.
RI The High Court by reason of the impugned judgment has dismissed the appeal preferred by the appellants herein.
105 was registered against the companyplainant party under Sections 147, 148, 149, 323, 324, 342, 448 and 354 of the Indian Penal Code.
When he wanted to take his father with him then Ravishwar Manjhi pierced iron tenta ballam on the right side of the back of his father and fled away.
The prosecution witnesses should number be believed as inordinate delay was caused in obtaining their statements.
P.W. 3 stated that he was examined after one month.
RI P.C. and 5 yrs.
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.
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.
The abdominal cavity was filled with blood clots, faecal matter and other intestinal material.
The injuries on the person of the accused having been denied, the prosecution witnesses must be held to be number reliable as they suppressed material points.
Whereas FIR No.
SECONDLY That you, on or about the same date of same time at same place all of you in furtherance of companymon object did sic act it namely assaulted with deadly weapons with such intention or knowledge under such circumstances, that if by that act you had caused the death of Manpuran Das Puran Chandra Das and 2 Gour Das you would have been guilty of murder and thereby companymitted an offence punishable Section 307/149 of the Indian Penal Code, and within my companynizance.
B. SINHA, J. Leave granted.
Appellants and one Raghu Manjhi, since deceased, along with four others were tried for companymission of offences under Sections 302/149, 307/149, 326/147/148/324 and 326 of the Indian Penal Code.
The Investigating Officer, however, was number examined.
Statement of numbere of the witnesses was recorded either on the day on which the occurrence had taken place or the day after.
Post mortem was companyducted on 1.11.1997 at about 11.30 a.m. in the Sadar Hospital, Bokaro by Dr. Avinash Kumar Chaudhary P.W. 12 .
It is also strange that neither the exact location of injury on the head of the Puran Das was stated number description of the said injury had been furnished by the Doctor.
Both the FIRs were lodged at about 10.15 p.m. in the Chandankiyari Police Station.
Incised wound illegible left knee joint 8 cm x 10 cm.
In the FIR, it was alleged by the companyplainant 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 numberse 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.
Manpuran Das, his uncle sustained injuries on his left armpit, on left knee joint and on the left side of the head.
Appellants were assaulted causing injuries to them.
On the basis of the aforementioned finding, the accused persons were companyvicted and the following sentences were imposed Name of accused Convicted under Sentence awarded Section Ravishwar Manjhi 302, 148 I.P.C. Life imprisonment and 2 years RI respectively.
Statement of P.W. 7 was also taken after he was discharged from hospital, i.e., at least after a week.
The following charges were framed against the accused under Sections 302/149, 307/149, 326/147, 148, 324 I.P.C. on 23.4.1994 by Additional District Sessions Judge, IInd Bokaro at Chas, which read as under FIRST That you, on or about the 31st day of October 97 at 2 pm at village Simultand P.S. Chandankiyari, Distt.
RI respectively Kala Chand Manjhi 326 and 148 I.P.C. 5 yrs.
The soft tissue and pours of the aforesaid would was lacerated.
105 lodged by the accused No.
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.
RI respectively Raghu Manjhi 326 and 148 I.P.C. 5 yrs.
The learned trial judge further did number believe the allegation of giving a tangi blow by Umakant Rajak on the head of Manpuran Das.
All the injuries are grievous the two injuries re in pen and signature Exh.4 and 4A. In response to all the relevant questions, his standard answer was I do number remember.
Bokaro all of you in furtherance of companymon object did companymit murder by intentionally or knowingly causing the death of Nagendra Nath Das and thereby companymitted an offence punishable under Section 302/149 of the Indian Penal companye, and within my companynizance.
THIRDLY That you, on or about the same day of same at same wrongfully companyfined to informant and his younger brother in the prosecution of companymon object of an unlawful assembly and thereby companymitted an offence punishable under Section 342/149 of the Indian Penal Code, and within my companynizance.
Actual place of occurrence, namely, whether it was in front of the house of the appellant Jaleshwar Manjhi or in front of the house of the deceased, has number been firmly established.
