RAM BALLABH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and also learned counsel for the State.

(2.) The sole appellant has been convicted under Sections 306 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years under Section 306 and two years under Section 201 of the Indian Penal Code. However, both the sentences were directed to run concurrently.

(3.) It appears that the appellant along with Bindeshwar Mandal and Lakhan Mandal were put on trial for an offence under Sections 302/34 and 201 of the Indian Penal Code and besides Sections 302/34, 201 of the Indian Penal Code no charge was framed under other heads. The learned trial Court, however, has acquitted all the accused persons including the appellants under Sections 302/34 as there was no evidence to prove the charge but convicted the appellant alone under Sections 306 and 201 of the Indian Penal Code.