UPENDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD The Appellant No. 1 has been convicted under Section 379/34 of the Indian Penal Code and sentenced to two years rigorous imprisonment whereas the Appellant No. 2 has been convicted under Sections 304 Part II of the Indian Penal Code and sentenced to six years rigorous imprisonment and also under Section 323 of the Indian Penal Code and sentenced to six months rigorous imprisonment by a Judgment dated 7.7.1994 passed by the Sessions Judge, Madhepura, in Sessions Trial No. 177 of 1987.

(2.) THE case of the prosecution is that he was informed by the two Chowkidars that the Appellant No. 2 had taken away their Cycle and when they demanded return of the same, Appellant No. 2 assaulted Mahendra Paswan with Lathi on his leg and also slapped Dukha Paswan. When the Informant went to intervene in the matter, the Appellants threatened that they would take extreme steps and started shooting rows indiscriminately on account of which the younger brother of the Appellant No. 2 was injured and died. After investigation, charge sheet was submitted and charged under Sections 302 and allied Sections but the Appellants were acquitted of the charges and convicted as mentioned above.