LOCHAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS namely Mishri Yadav, Yadu Mandal and Lochan Mandal who have been found guilty for an offence punishable under sections 302/34 as well as under section 364/34 of the Indian Penal Code vide judgment dated 30.11.1989 passed by the learned Ist Additional Sessions Judge, Nawadah in Sessions Trial No. 4 of 1989 and they each have been sentenced to undergo rigorous imprisonment for life under sections 302/34 of the Indian Penal Code whereas no separate sentence was passed for the offence punishable under sections 364/34 of the Indian Penal Code, have filed these appeals.

(2.) PW 5 Bishun Mandal recorded first information report (Ext. 5) on 17.11.1988 at about 1.00 AM at Kawakole Police Station having accompanied by his co-villager Baleshwar Mandal (not examined), Mahendra Mandal (not examined), Moti Mandal (PW 4) as well as having dead body of his son deceased Ramresh Mandal and alleged that on 16.11.1988 at about 3.00 PM his son Ramresh Mandal left his place disclosing that he is going to Shekho Dewra for consuming liquor along with Mishri Yadav. When he did not return in the evening, PW 5 went in search towards Shekho Dewra and during said course he heard cry of his son coming towards Sheko Dewra Bhatti over which he ran and reached near Mokanwa Khanda bridge where he found his son lying in a drain near the bridge and further found Mishri Yadav, Lochan Mandal, Yadu Mandal assaulting his son with fist and slaps as well also pressing his neck by means of towel. On hearing cry, other persons also arrived seeing whom the accused persons fled away. When he reached at the place of his son and lifted him, he found him dead.

(3.) THE defence case as is evident from the mode of cross-examination as well as from the statement recorded under section 313 Cr.P.C. is of complete denial of occurrence as well as of false implication on mere suspicion. However, neither any defence witness nor any exhibit has been brought on behalf of the defence.