M.Jeyapaul, J.

Introduction:

1. There are totally five accused namely Sudo Mandal, Radha Mandal, Dharminder Mandal, Rajiya Mandal and Sambodh Mandal in this case. Though final report was laid as against all the aforesaid accused under Section 173 of the Code of Criminal Procedure, accused Sudo Mandal alone was apprehended first in point of time. He stood trial for the offence under Section 302 of the Indian Penal Code and was convicted thereunder and was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-and in default to undergo a further period of six months rigorous imprisonment. After the aforesaid accused was convicted by the trial Court, accused Dharminder Mandal, who was declared as proclaimed offender, was apprehended. He faced trial for the offence under Section 302 read with Section 34 of the Indian Penal Code and was convicted thereunder and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/-, in default to undergo a further period of two years. The other three accused namely Radha Mandal, Rajiya Mandal and Sambodh Mandal could not be prosecuted as they have absconded and were already declared as proclaimed offenders.

2.