STATE OF BIHAR Vs. VAKIL MANDAL

JUDGEMENT

(1.) This reference has been made by the IIIrd Additional Sessions Judge, Munger, for confirmation of the death sentence awarded to the condemned prisioner by his judgment and order dated the 4th October, 1986. The condemned prisoner has also preferred Criminal Appeal No. 528 of 1986 against the order of his conviction and sentence. Both the reference and the appeal have been heard together with the consent of the parties and for their convenience and they are being disposed of by this common judgment. For the sake of brevity, the condemned prisoner will be referred to as the appellant in this judgment.

(2.) The appellant has been found guilty for the offences under Section 302 and 307 of the Indian Penal Code and Section 25 (a) of the Arms Act. He has been sentenced to death for the offence under Section 302 but no separate sentence has been awarded for the offences under Section 307 of the Indian Penal Code and Section 25 (a) of the Arms Act.

(3.) The prosecution case leading to this reference and the appeal is that on 5th November, 1980, at about 5.30 a. m. deceased Ramdas Mandal of village Bariarpur, police station Surajgarha, district Munger, was going to catch the coolie train to join his duty. He had a tiffin carrier in his hand. As soon as he came out of his room, this appellant fired his gun at him due to which he fell down. Thereafter, the appellant alongwith his father Kitar Mandal and brother Sheonandan Mandal came in front of the main door of the house of Ramdas the appellant fired several rounds due to which the daughter of deceased Ramdas, ManjuKumari (P. W. 5). Indu Kumari (deceased), Satyabhama Devi (P. W. 3), Yasoda Devi (P. W. 4) and Sheo Narain Mandal also received injuries. It may be stated that the aforesaid persons according to the fardbeyan (Exhibit 3), had come to save Ramdas Mandal. Lakhan Mandal was also injured by the gun-shot due to which he died in the Gali. Indu Kumari subsequently died in the hospital. After the occurrence, the appellant, his father and brother fled away. The motive alleged for this occurrence is old enmity. It is said that there was some quarrel some months before the occurrence in which deceased Ramdas had given a fdrsa blow on the appellant and due to this the appellant committed this offence.