LAWS(PAT)-2016-12-9

AKBAR MANDAL Vs. THE STATE OF BIHAR

Decided On December 21, 2016
Akbar Mandal Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) At an initial stage charges were framed against four accused namely, Amit Mandal, Prince Yadav, Sanjay Sao @ Gorki and Akbar Mandal. During conduction of trial accused, Prince Yadav claimed himself to be juvenile and the aforesaid plea was entertained whereupon vide order dated 02.02.2010, his trial was separated and sent to Juvenile Justice Board, Munger for an enquiry during course of which he was found juvenile, whereupon his trial was entrusted to Juvenile Justice Board, Munger. Furthermore, as is evident after examination of eight PWs, accused Amit Mandal escaped from PMCH where he was undergoing treatment being under judicial custody and on account thereof, his trial was separated. Subsequently thereof, in the main trial bearing Sessions Trial no. 607/2009 one more witness, i.e. Investigating Officer as PW 9 was examined and vide judgment, dated 07.12.2011 and order of sentence dated 09.12.2011 was finally disposed of by the learned trial court, subsequently thereof, accused Amit Mandal was apprehended whereupon separated trial bearing Sessions Trial No. 607A/2009 proceeded with and during course of which PW 9, the Investigating Officer was examined and then thereafter vide judgment dated 08.12.2014 and sentence, dated 09.12.2014, his trial has also been finally concluded.

(2.) Cr. Appeal No. 1238/2011 has been filed on behalf of appellant/convict, Sanjay Sao @ Gorki, Cr. Appeal No. 132/2012 has been filed on behalf of appellant/convict, Akbar Mandal and Cr. Appeal No. 34/2015 has been filed by appellant, Amit Mandal and in the aforesaid facts and circumstances of the case, all the appeals have been tagged together whereupon, have been heard analogous and in the facts and circumstances of the case, as stated above, are being decided by a common judgment.

(3.) The evidences of PWs 1 to 8 remained the same against all the appellants save and except evidence of PW 9, the Investigating Officer and on account thereof, it will be separately dealt with relating to individual appellant wherever will be found necessary.