MAHADEO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment of conviction dtd. 12/9/2002 and order of sentence dtd. 13/9/2002 passed by learned 2nd Additional & Sessions Judge, Deoghar in Sessions Trial No.320 of 1994 / 345 of 2001, whereby the appellants have been convicted under Ss. 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs.5,000.00 each.

(2.) We have heard the learned counsel for the appellants and learned counsel for the State at length.

(3.) Prosecution story as per the fardbeyan of the informant- Bhagia Devi [P.W.-11] is that she and her husband (deceased) were thrashing paddy in the barn. One Military Mandal (person did not face trial) came to the place of occurrence and called husband of the informant and asked him to accompany him. The husband of the informant accompanied Military Mandal towards the river. They were followed by the informant. The informant further stated that when Military Mandal took the deceased near the river, these appellants were also present there. Seeing her husband, these appellants commanded Military Mandal to kill the deceased. Military Mandal took out a bomb from his bag and hurled it on her husband. The bomb did not explode and her husband tried to flee when the second bomb was hurled, it caused serious injury upon her husband. These appellants had encircled him and therefore he could not make good his escape. Upon hearing the scream of the informant, Baldeo Mandal, Sonu Mandal and other villagers reached to the place of occurrence. Thereafter, deceased was taken to the hospital where he died.