Conviction under sections of the Indian Penal Code requires establishment of a common object within an unlawful assembly; direct evidence negates the necessity of motive.

JUDGMENT :

These Criminal Appeals arise out of the judgment ofconviction and order of sentence dated 21st day of May, 2002 passed by the Additional Sessions Judge, Rajmahal in Sessions Case No. 278 of 1995, whereby and whereunder learned Additional Sessions Judge, Rajmahal, convicted all the appellants under Sections 302 /149, 148 and 201 of the INDIAN PENAL CODE and sentenced them to undergo imprisonment for life under Section 302 /149 of the INDIAN PENAL CODE , and to undergo imprisonment of two years under Section 148 of the INDIAN PENAL CODE and also to undergo imprisonment of five years each under Section 201 of the INDIAN PENAL CODE .

Further the appellant Nandan Mandal [Cr. Appeal No. 239 of2002], appellant Suresh Mandal [Cr. Appeal (DB) No. 383 of 2002] and appellant Ganga Ram Mandal [Cr. Appeal (DB) No. 401 of 2002] were also convicted and sentenced to undergo rigorous imprisonment for seven years for the offence under section 27 of the ARMS ACT .

2. The case of the prosecution is at the instance of the informant Tuso Devi who is the wife of the deceased Jeevan Mandal. She in her fardbeyan stated that on 02.01.1995 her husband Jeevan Mandal at about 3.30 P.M left the house saying that he is going for Kanhaiya Sthan. At about 4:00 P.M she heard from the strangers that two persons have been detained for murder in Mangalhat. On hearing this, she went to Mangalhat and saw that the appellant Nandan Mandal had fired gunshot on her husband. After that the informant laid herself down on her husband and requested the accused persons not to kill her husband. Hiralal Mandal and Nitai Mandal separated her from her husband and Suresh Mandal fired in the abdomen of her husband. Shrikant Mandal and Gangaram Mandal also fired at her husband and Shankar Mandal abused her. Nitai Mandal assaulted her husband by lathi. Sochin Mandal was also killed by gunshot and both the aforesaid persons died instantly. After the gunshots, people fled from the scene, and Subodh Mandal arrived. The informant lost consciousness, and when she woke, she saw the bodies of her husband, Jiwan Mandal, and Sochin Mandal being dragged toward the river by Bengua Pasi, Surish Mandal, Jugal Mandal, and others.

3. On the basis of the aforesaid fardbeyan, Rajmahal P.S.Case No. 01 of 1995 was registered under section 302/34 of the INDIAN PENAL CODE and section 27 of the ARMS ACT at PS-Rajmahal, District-Sahibganj against all the appellants. The police after completing investigation, submitted one chargesheet against 13 persons and subsequently the second chargesheet was submitted against 3 persons showing one Prakash Mandal as dead. After taking cognizance of the offence, case was committed to the Court of Sessions. Charges were framed against the appellants and the same were read over and explained to the appellants, to which they denied and claimed to be tried. Thus, the appellants were put on trial.

4. The prosecution, in order to prove the charges, had examined 13 witnesses, who are as under: -

P.W.1 Naresh Mandal

P.W.2 Subodh Mandal

P.W.3 Jogen Mandal

P.W.4 Nandan Mandal

P.W.5 Chand Muni Bewa

P.W.6 Tuso Devi alias Tusiya Devi (informant)

P.W.7 Rekha Devi

P.W.8 Dr. N.K. Jha

P.W.9 Dr. Ashok Kumar Pandey

P.W.10 Dr. Sanjay Kumar Chaurasia

P.W.11 Kami Kant Mishra

P.W.12 Lakshmi Pramanik

P.W.13 Dipak Kumar Mandal

In addition to the aforesaid witnesses, the prosecution had also produced the following documents, which were marked as exhibits:-