BHOPAL MANDAL AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the judgment, dated 28.09.1993, passed in Sessions Trial No. 115 of 1983, learned 6th Additional Sessions Judge, Bhagalpur, while convicting all the accused-appellants, under Sec. 302 read with Sec. 149 of the Indian Penal Code, has also convicted accused-appellants, Bhopal Mandal and Doman Ansari, under Sec. 148 of the Indian Penal Code. The learned trial Court has further convicted accused-appellants, Nageshwar Mandal, Ramlal Thakur, Liyqkat Ansari and Rabul Ansari, under Sec. 147 of the Indian Penal Code. Following their conviction under Sec. 302 read with Sec. 149 of the Indian Penal Code, all the accused-appellants have been sentenced, by order, dated 01.10.1993, to undergo imprisonment for life. No separate sentence for their conviction under Sec. 147 and/or under Sec. 148 has been passed by the learned trial Court.

(2.) The case of the prosecution, as unfolded by the First Information Report, lodged by Dinesh Mandal (PW 5), may, in brief, be described as under:-

(3.) During investigation, police held inquest over Singheshwar Mandal's dead body, which was also subjected to post mortem examination, and, on completion of investigation, a charge sheet was laid, under Sections 147/148/302/149 of the Indian Penal Code against all the accused persons.