KEDAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the four appeals relate to the same occurrence and arise out of the common judgment of conviction and sentence passed on 15th December, 1998 by the then learned Additional Sessions Judge-I, Munger in Sessions Case No.222/96. Hence, all the appeals were heard together and are being disposed of by this common judgment.

(2.) The above referred four appellants have been convicted and sentenced to RI for life under Section 302/149 of the IPC, two years under Section 201 of the IPC and two years under Section 148 of the Indian Penal Code. They have again been convicted and sentenced to RI for three years for the offence under Section 27 of the Arms Act. All the sentences, however, have been ordered to run concurrently.

(3.) The case of the prosecution is that on 29.3.1994 at 8.30 a.m. the informant, Vijay Kumar Singh alongwith his brother Binay Kumar Singh, was going to Bariarpur from his village Gangania by a Maxi bearing No. B.E.H.-9255 for some necessary households works. As soon as Maxi reached on Pakki Road near Bar tree of Bajrangbali Sthan in Bengali Tola of Khadagpur Police Station, the six accused persons, namely, (1) Kedar Mandal, (2) Rajesh Mandal, (3) Vijay Mandal, (4) Nago Mandal, (5) Prakash Mandal and (6) Bhato Mandal, all of village Bengalitola alongwith 7/8 unknowns intercepted the vehicle there at the point of fire arms. Then the accused, Kedar Mandal, Vijay Mandal, Nage Mandal, Prakash Mandal and Rajesh Mandal with pistol entered into the vehicle, dragged but Binay Kumar Singh, the brother of the informant on the road and abused him by alleging that he was responsible for the murder of their Boss Pradip Yadav. They fired indiscriminately at Binay Kumar Singh, he fell down on the road and died. The witnesses, Shobha Ranjan Singh, Sukhdeo Chaudhary, Naresh Singh, Pramod Kumar Singh and Subodh Kumar Singh, sitting in the vehicle saw the occurrence. The further case of the prosecution is that thereafter the informant sought help from the nearby persons for saving the life of his brother but none helped him. Then all the accused persons started dragging Binay Kumar Singh by catching his legs and proceeded towards north of Bengali Tola. The people assembled there and followed them but when the accused persons reached in the ditch of Siya Lal Mandal, about 500 yards from the road, they fired upon the informant and others. There the accused Bhato Mandal kept the head of Binay Kumar Singh on a brick, chopped off by a spade and after taking the head in his hand all the accused persons made good escape from there towards Diyara. The prosecution further alleged that prior to the occurrence. Pradeep Yadav had been killed, so, in retaliation all the accused persons committed a planned murder of Binay Kumar Singh, brother of the informant, Vijay Kumar Singh.