KAILASH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the convicted persons of Sessions Case No. 126/78 on the Ist Additional Sessions Judge, Bhagalpur. The appellants have been convicted under Section 302/149 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life. They have been further convicted under Section 148, I.P.C. and sentenced to imprisonment for one year.

(2.) Appellant No. 1 Kailash Mandal who was a Railway employee, died during the pendency of the appeal. So his appeal stood abated. However, an application has been filed on behalf of his son, namely, Devendra Kumar Singh seeking leave to prosecute the appeal. The appellants were tried for the charge that on 15-2-78 they formed an unlawful assembly with common object to commit the murder of Jagdeo Mandal. The incident which was the subject-matter of the charge happened in village Kanjhia, P.S. Nathnagar in the district of Bhagalpur.

(3.) The case of the prosecution has been narrated by the trial Judge in paragraph 2 of the judgment as extracted below :