KAPOOR MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset it needs to be mentioned that out of 17 appellants herein, appellant namely Ramu Mandal, Balbhadar Mandal, Basudeo Mandal, Sargun Mandal, Mahabir Manjhi and appellant Thakur Mandal died during pendency of the instant appeal. No leave has been sought by any of the legal heirs/close relatives of the deceased appellants in terms of Sec. 394 of the Cr. P.C. pari materia to Sec. 435 of the BNSS, accordingly, the Co-ordinate Bench of this Court vide order dtd. 20/12/2025 had abated the appeal of the aforesaid appellants.

(2.) The instant appeal is directed against the Judgment of conviction dtd. 11/9/1997 and Order of sentence dtd. 19/9/1997 passed by learned 5th Additional Sessions Judge, Dumka, in Sessions Case No.154 of 1990 / 42 of 1990 wherein the Appellant no. 1 Kapoor Manjhi has been convicted under Sec. 324 and Sec. 148 of IPC and sentenced to undergo R.I. for two years each and fine of Rs.1,000.00 and in default of fine to undergo S.I. for three months under Sec. 324 of IPC and sentence was directed to run concurrently.

(3.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report which reads hereunder as: -