PRAMOD MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. C. Tripathy, learned senior counsel for the appellants and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) These appeals arises out of a common judgment and order of conviction dated 18.02.2012 and 22.02.2012 respectively passed by the learned District & Sessions Judge-I, Rajmahal in connection with Sessions Case No. 80 of 2007 by which the appellants have been convicted for the offence under Section 302/34 of I.P.C. and Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5,000/- for the offences under Section 302/34 of I.P.C. and rigorous imprisonment of 3 years along with a fine of Rs. 2,000/- for the offence under Section 27 of the Arms Act.

(3.) An FIR was instituted by the informant Sikandar Mandal on the allegation that on 16.01.2007 at about 4:00 P.M., Pramod Mandal and Naresh Mandal had closed the egress and ingress of the house of the informant by fixing bamboo poles. It has been alleged that at this act on the part of the accused, an altercation has taken place between both the sides and the informant was threatened with dire consequences. On 17.01.2007 in the morning, the informant removed the bamboo poles for taking out his bullock-cart at which Pramod Mandal, Sanjay Mandal, Arun Mandal and Naresh Mandal variously armed with pistol started abusing the informant. It has been alleged that at about the same time, the son of the informant namely Ranjeet Mandal was returning home after answering the call of nature. It is said that Ranjeet Mandal was caught by the accused persons and when the informant tried to intervene, Pramod Mandal shot Ranjeet Mandal in the chest. Arun Mandal also fired which hit the finger of the left hand of Ranjeet Mandal who fell down. It has also been alleged that Naresh Mandal instigated Sanjay Mandal not to leave the informant at which Sanjay Mandal fired at the informant who had a providential escape. The informant has stated that several villagers have also seen the occurrence.