LAWS(PAT)-2018-3-149

BAMBHOLI MANDAL Vs. STATE OF BIHAR

Decided On March 06, 2018
Bambholi Mandal Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the learned counsels for the appellants, the informant and the State.

(2.) The appellants stand convicted for the offences punishable under Sections 307 and 326 of the Indian Penal Code (in short "the I.P.C.") by judgment dated 04th August, 2016, passed by the learned Sessions Judge, Supaul in Sessions Trial No. 74 of 1998, arising out of Marouna P.S. Case No. 31 of 1997. By the order dated 08th August, 2016, the appellants have been sentenced to undergo rigorous imprisonment for 5 years each, under both the counts, but the sentences have been directed to run concurrently.

(3.) The case in hand has been lodged by Domi Rai, who has been examined as P.W. 4 at the trial. The allegation against the appellant No.1/Bambholi Mandal is of hurling a farsa which led to the chopping off the wrist of Domi Rai (P.W. 4) . The other accused persons were allegedly present at the time of occurrence and were armed with lathi, but they are not alleged to have assaulted the injured/P.W. 4. They are only said to have exhorted the appellant No. 1 for killing P.W. 4.