MOTI CHANDER MANDAL Vs. STATE

JUDGEMENT

(1.) APPEAL of co-accused Moti Chander Mandal is listed for hearing today along with the appeal of the accused Deepak. The Amicus Curiae appointed for Moti Chander Mandal has unfortunately not been appearing. Ms.Charu Verma, learned counsel appearing as the Amicus Curiae in the appeal filed by accused Deepak stated that she has comprehensively prepared the matter and would be in a position to argue the appeal on behalf of Moti Chander Mandal as well. By a separate order passed today we appointed Ms.Charu Verma, Advocate, as Amicus Curiae in the appeal filed by Moti Chander Mandal.

(2.) 17th January 1996 was the last day in the life of Jyotish Mandal. He was stabbed. The stab wound was on his back. As per the post mortem report, Ex.11/A, the exact nature and location of the injury is as under:- "5. Incised stab wound 5.5 x 2 cms margins cleanly and sharply cut present obliquely and vertically over left side of back of left abdomen, tailing of upper end present in an area of 1.5 cms. Lower end 3 cm away from mid line, upper end 5 cm from mid line, upper end 14 cms from interior angle of scapular, lower end 16 cms from iliacrest.

(3.) IT is relevant to note that due to injury No.5 the left lung and the diaphragm suffered a cut due to which Jyotish Mandal died.