NARESH MANDAL (YADAV) Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY there were four appellants who had preferred the present appeal to set up a challenge to the judgment dated 27.06.1992, passed by the learned 7th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 213 of 1984/125 of 1988. However, appellants Mako Mandal, Damodar Mandal and Moti Singh Mandal were reported dead and the appeal as on their behalf stood abated as may appear from Court's order dated the 20th of November, 2014 leaving it only on behalf of appellant Naresh Mandal (Yadav). The appellants had been put on trial by being charged under Sections 302/34 of the Indian Penal Code and were held guilty of committing the above offence and each of them was directed to suffer rigorous imprisonment for life.

(2.) THE two appellants, namely, Mako Mandal and Moti Singh Mandal (both since dead) had also been convicted under Section 27 of the Arms Act and had been directed to suffer rigorous imprisonment for two years.

(3.) THE informant, while closing his statements, alleged that a year before the occurrence while he was constructing a house, there had been some tip off with accused Mako Mandal and appellant Naresh Mandal, and they had threatened to avenge in future and probably it were they who had on account of the above reason, had either committed the murder of his brother or had got it committed.