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2004 Supreme(SC) 350

DORAISWAMY RAJU, ARIJIT PASAYAT
Hari Mohan Mandal – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Appellant along with four others faced trial for alleged commission of offence punishable under Section 302, 302 read with Section 120B, 307, 302 read with Section 109 of the Indian Penal Code, 1860 (for short the IPC ). The Trial Court found the appellant Hari Mohan Mandal and two other accused persons Chandra Mohan and Vijay to be guilty. Two others, namely, Gajadhar Mandal and Rameswar Mahto were acquitted. While Chandra Mohan was found guilty of offence punishable under Section 302 IPC, accused-appellant Hari Mohan Mandal and Vijay Mandal were found guilty of the offence punishable under Section 307 IPC. Each was sentenced to undergo imprisonment for life.

3. In appeal, a Division Bench of the Jharkhand High Court dismissed the appeal so far as the accused Chandra Mohan and present appellant are concerned, but directed acquittal of the accused Vijay Mandal. The sentence as imposed by the Trial Court was maintained so far as the accused appellant is concerned.

4. Prosecution version as unfolded during trial in a nutshell is as follows :

5. At about 6.30 a.m. on the date of occurrence i.e. 12.2.1994, the informant along with his uncles, N


























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