Rishi Mandal vs State of Bihar - 2023 Supreme(Pat) 954

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 954

SUDHIR SINGH, CHANDRA PRAKASH SINGH
Rishi Mandal – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Appellants : M/s Shashi Priya Pathak, Ambrish Kumar Jha (in 636); Pratik Mishra, Vikash Kumar Jha, Davendra Kumar Pandey (in 521).
For the Respondent: Mr. Abhimanyu Sharma, APP (in both).

Sudhir Singh, J. – Both the criminal appeals arise out of common judgment of conviction dated 29.04.2016 and order of sentence dated 03.05.2016, therefore, to have been heard together and are being disposed of by this common judgment.

2. The appellants named above have preferred these appeals against the common judgment of conviction dated 29.04.2016 and the order of sentence dated 03.05.2016, passed by Shri Janardan Tripathi, 1st Additional District and Sessions Judge, Bhagalpur in Sessions Trial No.1056 of 2013 arising out of Sanhola P.S. case No.02 of 2007, whereby and whereunder the appellants have been convicted under Sections 302/34 of the Indian Penal Code (referred to ‘I.P.C.’) and have been sentenced to undergo life imprisonment with fine of Rs.1,00,000/- each for the offence under Sections 302/34 of the I.P.C. and in default of payment of fine, further to undergo imprisonment for five years.

3. The prosecution case, as per the F.I.R., is that on 01.01.2007 at 6:30 p.m. when the informant was at his house, at that time from the side of Gerua river, Rishi Mandal, Bhola Mandal, Vidya Mandal and Bindu @ Vinod came to the house of the informant after abusing, upon which the info