UMESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE prosecution case is that Damodar Mandal gave his fardbeyan on 22.12.1985 at 5.30 P.M. that at about 4.30 P.M. he was coming from Larha Bahiyar with his cattle. When he reached near the house of Ganesh Mandal, appellant Umesh Mandal came abusing him and fired from behind which hit on his back due to which he fell down. On hearing sound of firing Ramroop Mandal, Kishan Mandal, Chakardhar Mandal and many others came and tied his injury with Gamchha. The motive of the occurrence was that Domi Mandal, Umesh Mandal and Kailu Mandal were grazing his Kalai crops in the night of Friday. He caught the buffaloes. Panchayati was held and a fine of Rs. 500/ - was imposed.

(3.) ON the aforesaid fardbeyan, formal first informant report was drawn. Investigation was taken up. The informant, however, died. On completion of investigation chargesheet was submitted against three persons. The court took cognizance and committed the case to the court of sessions for trial. The trial court acquitted Kailash Mandal @ Kailu Mandal and Doman Mandal from the charges levelled against them, however, convicted the appellant as indicated above.