Document Fragment View

Matching Fragments

3) threw an arrow which struck Nepal Mahato (PW-25). They also exhorted shouting "Marsaladiga". The complainant party retreated to some extent.

They were chased near the bed of tank called 'upper bundh'. Nepal Mahato (PW-25) was surrounded by the accused. He was hit on his left leg with tabla by Mathan whereas Haralal hit him with a tabla on his back. Bhiswa (Appellant No. 1) assaulted on his head with a lathi. He fell down on the ground whereupon Patal struck him with a sword causing injury on his hand. Ramanath and Nilkantha assaulted him with lathi. Prankrishna, deceased rushed to save his younger brother whereupon he was assaulted by Mathan on his right leg with tabla and Bhiswa with lathi. Sambhu Mahato protested to such assault on the deceased whereupon Lalbas assaulted him with a lathi. Kalipada (Appellant No. 2) and Nilkantha and Bhiswa (Appellant No. 1) exhorted that he should be finished whereupon Ramanath took a tabla from Haralal and struck the deceased at his neck. The deceased succumbed to his injuries. Further, Bulu threw arrow which struck Chepulal at his head and Kalipada gave order to finish him whereupon Nilkantha assaulted Sambhu (PW-1) and Chepulal (PW-14) with lathies in their hand.

Sambhu Mahato (PW-1) gave a categorical statement inter alia to prove the prosecution case in the following terms:

"The alleged / incident took place on 1.12.82 at about 8/8.30 A.M. in Mouza Bhadsa within Purulia (M) P.S. I was present in the vegetable field near my house at Bhadsa. I heard a cry coming from the western side of our village. I came to village road. I met Nepal, Prankrishna and Chepulal on the road. I heard from them that Nilkantha Mahato and some other persons were cutting paddy in their barga land. They requested me to protest against it. Accordingly, I accompanied them to their barga land mouza Bhadsa. I found many persons cutting paddy in the barga land of Joyram Mahato. I found there Nilkantha Mahato, Mathan Mahato, Bhisma Mahato, Haralal Mahato, Ramanath Mahato, Patal Mahato, Srinibash Mahato. Lalbas Mahato, Kalipada Mahato, Bulu Mahato and Majhi, Sahis being armed with lathi, tabla, arrows etc. present near the barga land. Nilkantha, Bishma, Srinibash, Ramanath Majhi Sahis had lathi is in their hand. Haralal and Mathan had tabla. Patal had sword. Bulu had bow and arrows, Kalipada Mahato had gun. Some labourers were cutting paddy. I cannot say their names. We protested against such cutting of paddy. An altercation started. Then Bulu threw arrow. It struck Nepal. He was then standing on the barga land. The arrow struck the mouth of Nepal. Blood was coming out from the mouth of Nepal. Then all persons named above, shouted 'maro saladiga'. These persons then chased us. We retreated to some extent. There is a tank namely 'uppar bundh' contiguous to the barga land. Nepal was gheraoed at the bed of the tank by these persons. Mathan then struck Nepal with a tabla causing injury at his leg. Nepal fell down on the ground. Patal struck Nepal with a sword causing injury at his hand. Haralal struck Nepal with a tabla. Ramanath assaulted Nepal with a lathi. Prankrishna, the brother of Nepal, came to the rescue of Nepal. Prankrishna was assaulted by Mathan with tabla at his leg. Bhishma assaulted Prankrishna with lathi. I protested against the assault on Prankrishna but Lalbas assaulted me with lathi on my head causing bleeding injury therein. Bulu threw arrow. It struck Chepulal at his head. Kalipada gave order to finish him. Nilkantha assaulted Chepulal with lathi on his head. Prankrishna died at the spot due to head injury. I returned home. On my way I met Lalbehari, Nabin and others. I narrated the incident to them. Then, I again returned to the spot with Lalbehari, Nagen and others. I noticed injury on leg and neck of Prankrishna, who was found dead. Nepal was lying unconscious."

Chepulal Mahato (PW-14) was son of Joyram, who was a bargardar of plot No. 550. Joyram died during trial and as such he was not examined. He had lodged a first information report as the accused persons had cut away the paddy from their barga land on the previous day. He stated:

"My father, Jairam died during the pendency of this case. He died due to old age. Tangi is also known to us as tabla. Prankrishna was my elder brother. Prankrishna had been murdered. The incident took place on 15th Agrahayan. 5/6 years ago at about 8 a.m. On the day of incident, at morning I accompanied my brother, Nepal, to our paddy field in Sibotoor land in Mouza, Bhadsa to inspect as to what extent the paddy of that land had been cut by Nilkantha and others on the previous day. It was then 6 am. We returned to our home from the field. I heard a hulla while I was in the house I saw from our kitchen garden that many persons were present in our Sibottor land which was cultivated by us as bargadar. These persons were cutting paddy. I informed the matter to Nepal and Prankrishna. I came out of the house with my brothers and met Digam, Ambuj, Dashrath, Haradhan. My brothers asked these persons to go to our barga land as paddy was being cut there. While we are proceeding to the field we met Subhas. Subhas also accompanied us on our request. My uncle, Sibu also followed us. We reached our field. Nilkantha, Biswa and other were cutting paddy. We asked them not to do so. The paddy was being cut by hired labourers while Nilkantha Biswa and others were on the ail on the land. We asked the labourers also not to cut paddy. An altercation started. Then Bulu Mahato threw arrow towards us which struck mouth of Nepal. Nepal was then on our land. Nilkantha and others then shouted "Mar Salake". We retreated, but Nilkantha and his companions threw arrows towards us. Nilkantha and others gheraoed us on the bank of Uppar Bundh. Mathan struck Nepal with tabla on his leg. Patal struck Nepal with sword. Nepal fell down on the ground. Haralal struck Nepal with sword. Biswa assaulted Nepal with lathi and so also Nilkantha. Prankrishna left to rescue Nepal. But Mathan struck Prankrishna with tabla at his right leg. Biswa assaulted Prankrishna with lathi on left leg. Kalipada was present. Prankrishna fell down on the ground. Kalipada gave order to finish. Ramanath took a table from Haralal and struck Prankrishna at his shoulder. I came to the rescue of my brothers, but Nilkantha assaulted me with lathi on my head. Bulu threw an arrow to me. It struck my hand. Sambhu also protested against the assault. But, Lalbas assaulted Shambhu with an iron rod. Patal, struck Siju with sword. We retreated to some extent due to this assault. After assault, the accused fled away."

Siju Mahato (PW-18) who was also an injured witness categorically stated that Kalipada was present with a gun and Bikal and Kalipada gave order to finish whereupon Ramanath took a table from Haralal and assaulted Prankrishna at his neck. In his cross-examination, Siju Mahato also categorically stated that Kalipada and Bikal gave order to finish.

Another injured witness was Nepal Mahato (PW-25). In his deposition before the court he corroborated the prosecution case stating:

"Then Mathan came and struck me at my left leg with a tabla from back side. Simultaneously Haralal struck me with a tabla on my back. Bhiswa assaulted me with a lathi on my head. I fell down on the ground. Thereafter Nilkantha assaulted me with lathi. My elder brother Prankrishna tried to save me. While he was trying to come near me, Mathan struck Prankrishna at his right leg with tabla. Bhiswa assaulted Prankrishna with lathi at his left leg. Prankrishna fell down on the ground. Kalipada, Nilkantha, Bishwa shouted to finish. Thereafter, Ramanath took a table from Haralal and struck Prankrishna at his neck. I was thereafter assaulted and lost my senses. Prankrishna succumbed to his injuries. I regained my senses at hospital after 5/6 days. I was examined by police later on. I narrated the incident to police. I was detailed at the hospital for about 24 days."