DABLUALIAS DABLA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The batch of four appeals and the Death Reference arise out of the judgment of conviction dated 18.12.2007 passed by Fast Track Court - II, Banka in Sessions Trial No. 642 of 2002 by which the appellants Dablu alias Dabla Mandal, Sikki alias Sikia Mandal and Mannu Mandal were held guilty of committing offence under section 436/34 of the Indian Penal Code and each of them was sentenced to undergo R.I. for life. They were also convicted under section 27 of the Arms Act and each of them was directed to suffer R.I. for five years as also to pay a fine of rupees two thousand. There was no order as to what could be the sentence in case of default in paying the fine. The above three appellants were convicted also under section 302 of the IPC and were directed to be hanged by their necks till each of them was dead. Besides, the appellants Dablu alias Dabla Mandal and Sikki alias Sikia Mandal were also found guilty of offence under section 323 of IPC and each of the two was directed to suffer R.I. for one year. Having inflicted the extreme penalty under section 302 of IPC upon the three above noted appellants, the learned trial judge made the reference under section 366 of the Code of Criminal Procedure. They have also preferred Cr. Appeal No. 55 of 2008 to question their conviction and sentence passed on them.

(2.) As regards the appellants of remaining three appeals, each of them was to suffer R.I. for life after being convicted under section 436/34 of the IPC. One out of the remaining 18 appellants, namely, Gopali Mandal, was found guilty also of committing offence under section 323 of the IPC and he was directed to suffer RI for one year. The conviction and sentence passed upon the remaining 18 appellants is being assailed in Cr. Appeal No. 54 of 2008, 107 of 2008 and 172 of 2008. During the pendency of the appeals, appellant Chhote Lal Mandal of Cr. Appeal No. 54 of 2008 and Shankar Mandal of Cr. Appeal No. 172 of 2008 died and as such, their appeals abated as appears from order passed on 7.8.2009 in Cr. Appeal No. 54 of 2008 and on 15.10.1009 in Cr. Appeal No. 172 of 2008. The Death Reference as also the four appeals have been heard together and they are being disposed of by this common judgment.

(3.) The charges related to an occurrence having taken place on the 13th of November, 2000 at about 8 A.M. at village Goradih, Police station - Rajaun, District - Banka. The prosecution case is contained in Ext. 2, the Fardbeyan of Smt. Soma Devi (P.W. 2), mother of the three deceased persons, namely, Sunil Mandal, Dilip Mandal and Shibal alias Shiv Narayan Mandal. The informant stated that at about 8 A.M. on 13.11.2000, twenty five accused persons named in the FIR with 10 unknown others as also 8 - 10 female un -named accused came to the house of the informant. The accused persons were armed with lathi, bhala, garasa, etc. Out of the above mob of accused persons, appellants Dablu Mandal, Mohril Mandal and Mannu Mandal started firing shots from their country made guns, upon which the three deceased persons, i.e., the three sons of the informant (P.W. 2), namely Shibal alias Shiv Narayan Mandal, Dilip and Sunil, in order to saving themselves, entered inside the house of one Basudeo Singh (not examined). It is alleged that before entering into the said house of Basudeo Singh, Dilip Mandal and Shibal alias Shiv Narayan Mandal had already been injured. In the meantime, appellant Dablu Mandal caught and fired into the temple of one of them. It is not clearly stated as to who was shot in his temple by appellant Dablu Mandal. Appellant Gopali Mandal, Raju Mandal, Subhash Mandal and Shankar Mandal dragged someone towards the darwaja of Kameshwar Thakur. Again the informant does not name as to who was dragged towards the darwaja of Kameshwar Thakur by the four accused.