UMESH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL these appeals arise out of the judgement of conviction dated 14.11.2003 and order of sentence dated 17.11.2003 passed by the learned Additional Sessions Judge, Fast Track Court-XIII, Dhanbad in Sessions Trial No. 22 of 2003 convicting the appellants under sections 302 and 34 IPC and sentencing them to undergo R.I. for life.

(2.) THE prosecution case in brief is as follows: the informant- Pradeep Kumar Mandal gave his fardbeyan on 17.08.2002 at 3.45 AM before the police to the effect that in the preceding night at about 10.00 AM his brother Sanjay Mandal (deceased) as usual went and slept in the veranda of the temple. He along with other family members were sleeping in the house. At about 2.00 AM, on hearing the sound of gunshot, he along with his mother (PW-5), Bhabhi (not examined) and his wife (not examined) rushed towards the temple and saw the appellants fleeing away from the place of occurrence. The appellant-Umesh Mandal was having pistol in his hand. He saw Sanjay Mandal (deceased) was lying injured having sustained bleeding injury on his temporal region. Thereafter, villagers assembled. Sanjay Mandal was taken to the nursing home. In the meantime, police reached there. It was alleged that due to enmity, Sanjay Mandal was killed. On seeing his condition, he was taken to PMCH, Dhanbad where he was declared dead.

(3.) ON the other hand, counsel for the State supported the impugned judgment.