(Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI)

1. Appellants Harminder Mandal, Pancha Mandal @ Pancha Nand Mandal, Prakash Mandal @ Jai Prakash Mandal, Mangan Mandal (since deceased), Dhanraj Mandal, Sharda Devi, Talasho alias Tarawati Devi have been found guilty for an offence punishable under Section 302/149 and been directed to undergo R.I. for life for offence under Section 201 of the IPC and they have been sentenced to undergo R.I. for five years each under Section 148 IPC no separate sentence has been awarded. Harminder Mandal, Pancha Mandal @ Pancha Nand Mandal, Mangan Mandal (since deceased), Dhanraj Mandal have separately been held guilty for offence under Section 27 of the Act but no separate sentence was passed and further direction was that the sentences would run concurrently vide judgment dated 29.01.1988 passed by Fourth Additional Sessions Judge, Bhagalpur in Sessions Trial No.203 of 1986 / 11 of 1987. Aggrieved have filed instant appeal.

2. PW-8, Khokha Mandal gave his fardbeyan (Exhibit-5) on 05.10.1985 at village-Mirachak near the house of Narayan Mandal along with his brother-in-law Laxman Mandal, co-villagers Ganesh Mandal, Dibbu Tanti, Anirudh Tan