Birju Mandal vs State of Jharkhand - 2023 Supreme(Jhk) 1059

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 1059

SUBHASH CHAND
Birju Mandal – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Appellant : Mrs. J. Mazumdar.
For the State : Mr. Sanjay Kr. Srivastava, APP.

JUDGMENT :

Subhash Chand, J.

The instant criminal appeal has been preferred against the judgment of conviction and order of sentence dated 30.01.2012 passed in Sessions Case No.208 of 2006, arising out of Mohanpur P.S. Case No. 23 of 1985, corresponding to G.R. Case No. 210 of 1985 and P.C.R. Case No.62 of 1985 passed by the learned 2nd Additional Sessions Judge, Deoghar whereby the appellant no.1 Birju Mandal was held guilty for the offence under section 325 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced with rigorous imprisonment of six months and a fine of Rs.5,000/-. In default of payment of fine, the additional rigorous imprisonment of 15 days was directed to undergo. Appellant no.2 Surju @ Surya Narayan Mandal was held guilty for the offence under section 323 of IPC and was sentenced to undergo rigorous imprisonment for one month while the appellant no.3 Ram Chandra Mandal was held guilty for the offence under section 307 of IPC and was sentenced with rigorous imprisonment of five years and a fine of Rs.7,000/-. In default of payment of fine further rigorous imprisonment of one month was directed to undergo.

2. The brief facts of the prosecution case l