DILIP MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 07.02.2006 passed by Sri Udai Narayan Singh, Sessions Judge, Pakur in Sessions Case No. 138 of 2004 whereby and whereunder these appellants have been convicted for the offences under Sections 307/34 of the Indian Penal Code and have been sentenced to undergo R. I. for four years with a fine of Rs. 2000/- each and in default thereof, R.I. for two years.

(3.) The prosecution case as unfolded in the FIR is that on 12.11.2003 at about 8.30 P.M. while Niranjan Bhandari (victim/informant) was operating generator for the construction of road, the present appellants namely Dilip Mandal and Jhamu Mandal has reached near the informant. Dilip Mandal caught hold his mouth and pushed him on the ground and when the informant fell down on the ground, the accused Jhamu Mandal caught hold his both legs and Dilip Mandal has given dagger blow on his chest with the intention to kill him. On raising hulla, both the accused persons have fled away. Both the accused persons are own brothers. The motive to kill the informant is that he was one of the witness in the case in which Dilip Mandal was an accused and as such, attempt to murder has been made by these accused persons.