KARTIK MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The judgment and order dated 15th of March, 2004 passed by the 3rd Additional Sessions Judge, Katihar in Sessions Trial No. 9 of 2002 inflicting the capital punishment, has necessitated this reference under Section 366 of the Code of Criminal Procedure. By the impugned judgment, Kartik Mandal, Awadhesh Mandal and Sikandar Mahato have been found guilty of offence under Section 396 of the Indian Penal Code and sentenced to death. Kartik Mandal, Awadhesh Mandal and Sikandar Mahato, aggrieved by their conviction, have also preferred two separate appeals and the appeal preferred by Kartik Mandal has been registered as Cr. Appeal No. 219 of 2004, whereas the appeal preferred by Awadhesh Mandal and Sikandar Mahato has given rise to Cr. Appeal No. 231 of 2004.

(2.) The Death Reference and both the appeals were heard together and they are being disposed of by this common judgment.

(3.) Prosecution started on the basis of a fardbeyan given by Jagdish Prasad Jaiswal (PW 8) before the Officer-in-charge of Kursela Police Station on 15.6.2001 at 6.45 p.m. According to the informant on 5.6.2001 at 6.30 p.m., while he along with his son Uttam Kumar alias Pinku were at their grain shop situated at Kursela Naya Chowk, Durga Hat within Kursela Police Station, five accused persons namely, Kartik Mandal, Umesh Mandal, Sikandar Mahato, Awadhesh Mandal and Jhirka alias Indradeo Mandal, suddenly came in the shop from the eastern direction. Kartik Mandal pulled out a country made pistol from his waist and pointing towards the informant demanded money. Out of fear, according to the informant, he opened his cash-box took out Rs. 9600/- from it and handed over the same to accused Sikandar Mahato. Seeing this, informant's son Uttam Kumar alias Pinku protested and attempted and succeeded in apprehending accused Kartik Mandal. Umesh Mandal pulled out the country made pistol from his waist, fired at him causing injury on the chest. Uttam Kumar alias Pinku fell down and died there. All the accused persons fled away in the east towards orchard.