NARESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Additional Public Prosecutors for the State.

(2.) The two appeals arise from the judgment and order of conviction and sentence dtd. 17/5/1993 and 18/5/1993 passed in Sessions Case No. 148 of 1992 (Trial No. 12 of 1992) being the judgment of the Ist Additional District and Sessions Judge, Jamui whereby the appellant Nawal Mandal has been found guilty of the offence under Sec. 302 of the Indian Penal Code along with Sec. 27 of the Arms Act. Naresh Mandal and Ram Bilash Mandal have also held guilty of offence punishable under Sec. 302 of the Indian Penal Code. Hareram Mandal, Khelawan Mandal, Bharat Mandal and Parmanand Mandal are held guilty of offences punishable under Sec. 302 read with Sec. 34 of the of the Indian Penal Code. They all have been sentenced to life imprisonment.

(3.) The prosecution in order to establish its case and the guilt of the appellants in all examined 12 witnesses, out of whom PW 1 Ramashish Singh, PW 2 Nawal Kishore Singh, PW 3 Ram Chariter Singh, PW 4 Sunil Kumar Pandey and PW 10 Randhir Kumar Singh (informant) are said to be eye witnesses. Sunil Kumar Pandey, PW4 is said to have been accompanying the deceased on the scooter when the murderous assault took place on the deceased. PW 10 Randhir Kumar Singh is the brother of the deceased and is the informant. PW 5 Ranbir Kumar Singh, PW 6 Amerika Ram, PW 7 Md. Hasis, PW 8 Md. Ala Uddin, @ Alo Mian and PW 9 Soudagar Sao have come to the place of occurrence after the incident and they are not eye witnesses. PW 11 Dr. Arun Kumar Singh is the Civil Assistant Surgeon, Sub-divisional Hospital, Jamui, who conducted the post mortem and PW 12 Deo Narayan Singh is the Sub Inspector of Police who investigated the case and submitted charge sheet.