MANTUN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Mantun Mandal has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo R.I. for one month, additionally, under Section 324 of the I.P.C. and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently vide judgment of conviction dated 25.02.2015 and order of sentence dated 26.02.2015 passed by the 1st Additional Sessions Judge, Benipur, Darbhanga in Sessions Trial No.200 of 1995.

(2.) Pw-4, Kamlesh Mandal while was admitted at D.M.C.H. gave his fard-bayan on 09.02.1993 at about 8.30 p.m. disclosing therein that on 08.02.1993 at about 1.00 p.m. while he was proceeding towards south from his house in order to wash his hands, Ram Sagar Mandal, Muso Mandal, Baijnath Mandal and Mantun Mandal, who were hidden in an orchard lying south-east to his house, came and out of them Ram Sagar Mandal, Muso Mandal incudced to kill, whereupon, Baijnath Mandal hurled bomb as a result of which, he sustained injury over his both legs. On fall, all the accused persons rushed near him and then, Mantun Mandal gave Chhura blow, which caused injury over his right eye as a result of which, he became unconscious. Then thereafter, accused persons left the scene treating him to be dead. After regaining sense, he found himself admitted at D.M.C.H., he had also come to know from his younger brother as well as father that his co-villagers Ram Bilash Mandal, Aasho Mandal, Arji Lal Mandal, Kusum Mandal and others along with them lifted him to D.M.C.H. for treatment.

(3.) After registration of Biraul P.S. Case No.26 of 1993, investigation commenced and after concluding the same, chargesheet was submitted facilitating the trial in a manner, subject matter of instant appeal.