GOPAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Sujit Kumar Singh, Advocate, learned Amicus Curiae, appearing for appellant as well as learned Additional Public Prosecutor Sri Shiwesh Chandra Mishra appearing for the State and perused the records.

(2.) This criminal appeal has been preferred against the Judgment of conviction and sentence Order dated 6.7.1994 and 7.7.1994 respectively passed by learned IInd Additional Sessions Judge, Banka, in Sessions Case No. 131/92 by which and whereunder he convicted the sole appellant for the offence punishable under Section 302 of the Indian Penal Code and, accordingly, sentenced him to rigorous imprisonment for life thereunder. However, by the same impugned judgment, three persons, namely, Sharwan Mandal, Diwakar Mandal and Dilip Mandal were acquitted of the charge framed against them for the offence punishable under Section 302/34 of the Indian Penal Code.

(3.) Briefly stated the prosecution case is that P.W. 5 Anirudh Mandal gave written report to Officer-in-charge of Barahat Police Station on 15.5.1991, to this effect, that on the same day at about 5:00 A.M. while his wife Bhama Devi was sweeping courtyard, appellant Gopal Mandal along with acquitted accused Dilip Mandal, Diwakar Mandal and Sharwan Mandal came in the courtyard of informant and Dilip Mandal took out Rs. 5000/- from a pot. The appellant was carrying Harish in his hand. The informant s wife raised objection upon which appellant Gopal Mandal gave Harish blow on the head of informant s wife, as a result whereof, her head broken and again appellant gave Harish blow on the temple of informant s wife. Informant s wife having sustained aforesaid injuries fell down on the ground and died after sometime. The reason behind the alleged occurrence, as averred in the written report of P.W. 5, that his aunt, namely, Sabitri Devi (P.W. 2), was residing with informant (P.W. 5) and she wanted to give her lands to P.W. 5, which had caused announce to appellant, who happens to be the cousin brother of P.W. 5 and that is the reason the appellant and his associates wanted to kill P.W. 2 Savitri Devi but they could not succeed to trace her out, at the time of alleged occurrence, and, thereafter, in anger, they committed murder of informant s wife.