RAM BARAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel for the Additional Public Prosecutor.

(2.) The Appellant has been convicted under section 302/34 of the Indian Penal Code and 27 of the Arms Act and sentenced to undergo Rigorous Imprisonment for life and also three years Rigorous Imprisonment by Additional Sessions Judge, F.T.C.- 5th, Bhagalpur in connection with Sessions Trial No. 1453 of 2004/619 of 2006 vide Judgment and order dated 20/22.12.2008 respectively.

(3.) The case of the prosecution, according to the Informant (P.W.3) Chandrakala Devi, wife of the deceased, is that her husband was in the milk business and an employee of the present Appellant and some others but they had committed defalcation, on account of which they were dismissed from service. However, they kept in contact with the deceased and even on the date of occurrence, they had come to her husband. On 18.10.2001, at about 1.00 am., while her husband, the deceased, Ashok Choudhary, was sleeping outside of the house on the folding cot, she herself was awake on account of heat. She saw that the Appellant and one Ranjay Yadav fired at her husband whereas Dipankar Yadav was also present there. Her husband started screaming. Thereafter, her husband was taken to the Railway Hospital, where he disclosed the fact that the Appellant and Ranjay Yadav fired at him and Dipankar Yadav was also present there. However, when her husband was being taken to Mayaganj Hospital, he died on the way.