SUBESH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused of Sessions Case No. 115 of 2010/ Sessions Trial No. 33 of 2010, against the judgment and order of conviction and sentence, passed by the Additional Sessions Judge, Rajmahal, dated 11th May, 2012 and 15th May, 2015 whereby, this appellant has been convicted for the offence punishable under Sections 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and has also been convicted for the offence punishable under Section 307 of Indian Penal Code, but, no separate punishment has been imposed for this offence because already life imprisonment has been inflicted upon him, for causing murder of Prakash Mandal. Case of the Prosecution:

(2.) It is the case of the prosecution that on 13.01.2006 at 22.15 hours (i.e. 10.15pm) the informant Lakhi Mandal, who died during the trial, gave fardbeyan to police that on 13.01.2006 at 6.30 pm, when he was watching T.V. at home, his neighbour Subesh Mandal (accused) came to his house and asked about his son Prakash Mandal (deceased). The informant told him that Prakash Mandal has gone at the house of Sharwan Mandal (P.W.10). On this information, he moved towards the house of Sharwan Mandal. The informant also followed him. Subesh Mandal after reaching near the house of informant's nephew Sharwan Mandal, started calling his son. When his son Prakash Mandal and his nephew Pradeep Mandal (P.W.9) came out from the house then Subesh Mandal put the pistol on the chest of his son and opened fire whereupon his son got injured and fell down. He also saw his nephew Pradeep Mandal falling there. He tried to caught Subesh Mandal, but, he flew away from there towards West. He went near his son and nephew and found both of them in injured condition and thereafter, he brought them to Referral Hospital at Rajmahal where the Doctor declared his son to be dead and the medical treatment of his nephew who sustained gunshot injury, started going on. The informant alleged that the reason of occurrence is that his son and others used to do contract work and Subesh Mandal was also doing the contract work separately. Earlier 23 days before the date of occurrence, Subesh Mandal had threatened to kill his son due to contract work. The informant claimed that due to contract work, Subesh Mandal committed murder of his son by fire arm and also caused injury to his nephew Pradeep Mandal. Witnesses:-

(3.) Following twelve witnesses were examined by the prosecution: <FRM>JUDGEMENT_108_LAWS(JHAR)10_2017_1.html</FRM>