SHIV RAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 4th of June 1999 passed in Sessions Trial No. 322 of 1996 by the then learned Sessions Judge Bhagalpur.

(2.) THE sole appellant, Shiv Ram Mandal, has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life. He has further been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for five years. The sentences awarded to him, however, have been ordered to run concurrently.2. The prosecution case may briefly stated thus : On 6.2.1995 of at about 7.30 p.m. while Ramadhar Mandal, the husband of the informant, Kabutari Devi, PW 3, was sitting at the darwaja of his uncle, Garmu Mandal, PW 1, the informant along with her daughter, Sunita Devi, PW 2, went there to call him for dinner. Thereafter at about 7.45 p.m. the informant along with her husband and daughter was returning to her house. When they reached near the darwaja of the accused -appellant, Shiv Ram Mandal, the accused, Mogal Mandal, Parashuram Mandal and Manoj Mandal, caught Ramadhar Mandal and the accused -appellant, Shiv Ram Mandal, fired from his pistol at him which hit his left rib. Ramadhar Mandal fell down injured on the ground and then the accused -appellant, Shiv Ram Mandal, mounted upon his chest and again fired which hit the left side of his chest. After five minutes Ramadhar Mandal breathed his last. The informant and her daughter, Sunita cried out loudly but their clamour proved ineffective and ultimately the accused persons committed the murder of the husband of the informant. On the outcry of the informant and her daughter. Sunita, the witnesses, Garmu Mandal, PW 1, Lakshmi Devi. PW 5 and many others arrived there and saw the occurrence. The motive behind the occurrence has been alleged to be the enmity in between the parties.

(3.) ON completion of investigation police submitted charge -sheet under aforesaid sections against them showing three accused persons, namely, Mogal Mandal, Parashuram Mandal and Manoj Mandal as absconders and accordingly cognizance of the offence was taken on 30.1.1996. The case of the accused appellant, Shiv Ram Mandal, was split up on 6.6.1996 from the case of all the three absconding accused and was committed to the Court of Sessions for trial. He was put on trial before the learned Sessions Judge. Bhagalpur, which ultimately ended in his conviction and sentence as indicated above.