BIBHUTI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the jUdgment and order dated 18 - 4 -1987 passed by 3rd Additional Sessions Judge, Dumka in Sessions Trial No. 68/38 of 1981/85 whereby the appellants have been - convicted for the offence under Secs. 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.

(2.) THE prosecution case is that Baldeo Prasad - Mandal, the deceased gave his fardbeyan in State Hospital, Raj mahal on 5 -6 -1980 at about 12.30 p.m. that yesterday night at about 8.00 p.m. after taking meal, he went to his mango orchard situated at north - west of the village. He heard some sound. He flashed his torch and saw the appellant Bibhuti Mandal was plucking mangoes. He asked him to come down. He came down from the mango tree alongwith a plastic bag in which there were 15 -20 mangoes. He caught him and proceeded towards the road. In the meantime, he saw in the light of torch Rojin Mandal coming down from the tree. He gave order to assault on which Bibhuti Mandal took out a knife from the waist and gave a dagger blow on the left side of the stomach. He raised alarm on which Vijay Bind, Chedi Mandal, Rupan Mandal. Arjun Mandal, Chandra Mandal and other came, the accused - persons ran away towards west. The villagers took him to Raj Mahal Hospital for treatment where he gave his fardbeyan.

(3.) THE trial Court convicted the appellants for the offence under Secs. 302/34 of the Indian Penal Code as stated above.