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2010 Supreme(Pat) 782

CHANDRA MOHAN PRASAD, DHARNIDHAR JHA
State Of Bihar – Appellant
Versus
Rudo Mandal Son Of Sahdeo Mandal – Respondent


JUDGEMENT

Dharnidhar Jha, J.

1. The batch of four appeals and the Death Reference arise out of the Judgment of conviction dated 18th December, 2007 passed by Fast Track Court- II, Banka in Sessions Trial No. 642 of 2002 by which the Appellants Dablu alias Dabla Mandal, Sikki alias Sikia Mandal and Mannu Mandal were held guilty of committing offence under Section 436/34 of the Indian Penal Code and each of them was sentenced to undergo R.I. for life. They were also convicted under Section 27 of the Arms Act and each of them was directed to suffer R.I. for 5 years as also to pay a fine of rupees two thousand. There was no Order as to what could be the sentence in case of default in paying the fine. The above three Appellants were convicted also under Section 302 of the IPC and were directed to be hanged by their necks till each of them was dead. Besides, the Appellants Dablu alias Dabla Mandal and Sikki alias Sikia Mandal were also found guilty of offence under Section 323 of IPC and each of the two was directed to suffer R.I. for 1 year. Having inflicted the extreme penalty under Section 302 of IPC upon the three above noted Appellants, the learned Trial Judge made the reference unde





























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