RAJ KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Section-302 of the Indian Penal Code and sentenced to under go rigorous imprisonment for life.

(2.) Having perused the judgment under appeal, we are indeed surprised that a conviction was at all ordered. We are of the view that in such a case virtually even charges could not have been framed, as there were No. material in support thereof, what to talk the trial, the reasons thereof we will give hereinafter.

(3.) A first information report was lodged pursuant to the fardbeyan of P.W.7, Chunchun Yadav. It, inter alia, alleged that he was informed at his house that two of his son-in-law, namely, Rajendra Yadav and Umesh Yadav, who used to stay with him, had been shot. Rajendra Yadav was dead and Umesh Yadav grievously injured. He rushed to the spot which was near railway crossing and found his elder son-in-law Rajendra Yadav dead having been shot and grievously bleeding and nearby his younger son-in-law Umesh Yadav grievously injured with a bullet wound lying. Large number of villagers had also assembled. In the fardbeyan, he clearly disclosed that he suspected the Appellant, Raj Kumar Mandal, who have orchestrated this incident as some time back he was employed as a teacher for the informant's third unmarried daughter, Punam Kumari. While teaching he eloped with her, though No. case was instituted. The girl was recovered from Kishanganj and, accordingly, Raj Kumar Mandal used to threaten the family of the deceased.