KARE LAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Kare Lal Mandal, Savita Mandal @ Sachida Mandal, Dharmbir Mandal, Pankaj Mandal and Matuki Mandal @ Matukdeo Mandal have been found guilty for an offence punishable under Section 307/ 149 of the I.P.C. and each one has been sentenced to undergo S.I. for seven years as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, to undergo S.I. for one month, additionally, under Section 324/ 149 of the I.P.C. and sentenced to undergo S.I. for three years, under Section 148 of the I.P.C. and sentenced to undergo S.I. for three years, under Section 27 of the Arms Act and sentenced to undergo S.I. for three years, Matuki Mandal, additionally been found guilty for an offence punishable under Section 109 of the I.P.C. and sentenced to undergo S.I. for four years as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, sentenced to undergo S.I. for one month, additionally, by the Additional Sessions Judge-5th, Munger in Sessions Case No.371 of 2003 vide judgment of conviction dated 15.06.2015 and order of sentence dated 18.06.2015.

(2.) Pw-1, Patel Sharma, filed written report on 11.12002 at about 3.00 p.m. alleging inter alia that his land lies at village-Khaira Mauza. About six days before, he had harvested the paddy crop, which was being lifted today. At about 100 noon, Kare Lal Mandal, Sachida Mandal, Dharmbir Mandal, Pankaj Mandal, Matuki Mandal along with some unknown persons came from Khaira village. On an order of Matuki Mandal, they all began to fire indiscriminately with an intention to kill. Then had stated that Dharmbir, Sachida Mandal, Pankaj Mandal and Kare Lal Mandal fired from gun as a result of which, he sustained injury over his hand, back and buttock. They were firing indiscriminately. Anyhow, he ran there from, came to police station where is submitting written report.

(3.) On the basis of the aforesaid written report, Sangrampur P.S. Case No.143 of 2002 was registered followed with an investigation as well as submission of chargesheet facilitating the trial meeting with the ultimate result, subject matter of instant appeal.