GHANSHYAM MANDAL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. B. M. Tripathi, Sr. Advocate assisted by Mr. Naveen Kumar Jaiswal, Advocate and learned counsel for the State, Mr. Ram Prakash Singh, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 01.10.1996 and order of sentence dated 04.10.1996, passed by learned 1st Additional Sessions Judge, Godda, in Sessions Case No. 342 of 1986/111 of 1988, whereby all these six appellants along with one Manoj Mandal have been convicted for the offence committed and punishable under Section 302/34 of the Indian Penal Code and awarded imprisonment for life.

(3.) The prosecution case is based upon fardbyan of Chetan Mandal (P.W.4) S/o Suman Mandal of village - Bhartikitta, P.S.- Godda(M), District - Godda recorded by S.I. Md. Idrish Khan (P.W.5), Officer-In-Charge, Godda (M) P.S. at Bhartikitta on 15.08.1985 at 18.15 Hours, whereby the informant has alleged inter-alia as follows:-