Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.124 of 1989 {Against the judgment of conviction and sentence dated 28.2.1989 passed by Sri Ram Kishore Singh, learned Sessions Judge, Katihar in Sessions Case No. 92 of 1984 and Sessions Case No. 102 of 1987} =========================================================== 1. Surya Narayan Mandal son of Late Doman Mandal 2. Sattan Mandal son of Late Kartik Mandal Both resident of village Govindpur, Police Station, Pirpaity, District Bhagalpur. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Anshuman Jaipuriyar, Adv. Mr. P.K. Jaipuriyar, Adv. For the Respondent/s: Mrs. Shashi Bala Verma, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 09-02-2012 Surya Narayan Mandal and Sattan Mandal have preferred this appeal against the judgment of conviction and sentence dated 28.2.1989 passed by the learned Sessions Judge, Katihar in Sessions Case No. 92 of 1984 and Sessions Case No. 102 of 1987 respectively by which both of them have been convicted and sentenced to rigorous imprisonment for life under [STATUTE] . and rigorous imprisonment for 7 years under [STATUTE] . and both the sentences to run Patna High Court CR. APP (DB) No.124 of 1989 dt.09-02-2012 2 concurrently. 2. According to written report (Ext. 6) submitted by Lila Devi (P.W. 5), the wife of deceased Paddu Mandal the prosecution case, in brief, is that in the midnight of 31.5.1982- 1.6.1982 when her husband Paddu Mandal (deceased) was sleeping in his house, 8 persons came. She identified two of them as Sattan Mandal and Surya Narayan Mandal. The two persons who were having pistol and bhala overpowered her and threatened to kill, if she raised alarm. They stated that her husband had made kept Tara Devi (P.W.7), as such her husband would be killed. The accused persons throttled her husband and thereafter tied his dead body in bags and beds and went towards east. Two persons continued to catch her 20-25 minutes even after taking the dead body by them. Thereafter, both of them miscreants fled alway towards east. Thereafter, she raised alarm. In the meantime, the wife (P.W. 7) of Changari came there. This written information was given to Sonapur O.P. on 3.6.1982 in presence of Sri Shiv Thakur of village Sonapur and Gopi Mandal of village Chandan Nagar (none of them have been examined). It was forwarded to Barari police station, thereafter, Barari P. S. Case No. 126 dated 3.6.1982 was registered under Patna High Court CR. APP (DB) No.124 of 1989 dt.09-02-2012 3 [STATUTE] . A formal FIR (Ext. 3) was drawn. 3. After investigation charge-sheet was submitted against both the appellants. Cognizance was taken and the case was committed to the Court of Sessions. Charges were framed against the appellant Surya Narayan Mandal in Sessions Trial No.92 of 1984 for the offence punishable under [STATUTE] . It appears that accused appellant Sattan Mandal was absconding as such his case was committed to the Court of Session. Later on, he was tried vide Sessions Trial No. 102 of 1987 for the offence punishable under [STATUTE] .. on 13.8.1987 both the appellants pleaded not guilty as such the trial was started against both of them separately vide aforesaid two sessions cases. 4. It appears from the record of Sessions Trial No. 102 of 1987 that on 6.2.1989 a petition was filed on behalf of the accused Sattan Mandal that the witness examined on behalf of the accused in Sessions Trial No. 92 of 1984 be treated as the defence witness in Sessions Trial No. 102 of 1987. It was not objected by the prosecution as such the prayer of the accused Sattan Mandal was allowed and the defence evidence on behalf of Satan Mandal was Patna High Court CR. APP (DB) No.124 of 1989 dt.09-02-2012 4 closed. The defence witness in Sessions Trial No. 92 of 1984 was allowed to be treated as the evidence in Sessions Trial No. 102 of 1987, thereafter, the defence evidence was closed and the case was fixed for argument on 17.2.1989. It appears that both the sessions trials have been heard together on 24.2.1989 and a common judgment has been delivered on 28.2.1989. 5. The defence of the apppelants is that they have been falsely implicated in this case at the instance of Bibhuti Goswami with whom these accused had enmity. 6. Let us examine as to whether the prosecution has been able to substantiate its case against the appellants beyond all reasonable doubts. 7. The prosecution has examined following witnesses in Sessions Trial No. 92 of 1984 to prove its case:- P. W. 1 Dr. Gaya Prasad Diwakar, P. W. 2 Harihar Singh, P. W. 3 Madho Tatma, P. W. 4 Manorama Kumari, P. W. 5 Lila Devi, P. W. 6 Dwarikar Pd., P. W. 7 Tara Devi, P. W. 8 Vishwanath Mandal, P. W. 9 Harihar Mandal, P. W. 10 Chhana Lal Bhaumik, P. W. 11 Anirudh Mandal and P. W. 12 Jaggu Mandal. In Sessions Trial No. 102 of 1987 out of them six witnesses have been examined Patna High Court CR. APP (DB) No.124 of 1989 dt.09-02-2012 5 who are P. W. 1 Manorama Devi, P. W. 2 Most. Lila Devi, P. W. 3 Anirudh Mandal, P. W. 4 Jaggu Mandal, P. W. 5 Harihar Singh and P. W. 6 Dr. Gaya Prasad Diwakar. D. W. 1 has been examined in Sessions Trial No. 92 of 1984 who has also been treated as defence evidence in Sessions Trial No. 102 of 1987 as aforesaid. 8. P. W. 1 Dr. Gaya Prasad Diwakar has stated that on 6.6.1982 he was posted at Purnea Sadar Hospital as Civil Assistant Surgeon and held the post-mortem on the dead body of Paddu Mandal, son of Lal Chand Mandal of Govindpur, P.S. Pirpaiti District Bhagalpur. The dead body was identified by Dafadar Harihar Singh (P.W. 2) and Chaukidar Madhu Tatma (P. W. 3). P. W. 1 has found the

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.