IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.636 of 2016

Arising Out of PS. Case No.-2 Year-2007 Thana- SANHAULA District- Bhagalpur

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Rishi Mandal, son of Shankar Mandal, resident of Dovi, P.S.- Sanhola,

District- Bhagalpur.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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with

CRIMINAL APPEAL (DB) No. 521 of 2016

Arising Out of PS. Case No.-2 Year-2007 Thana- SANHAULA District- Bhagalpur

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Subhash Singh son of Late Ram Bilash Singh, resident of Jagarnathpur, P.S.-

Amdanda, District- Bhagalpur

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance :

(In CRIMINAL APPEAL (DB) No. 636 of 2016)

For the Appellant

:

Ms. Shashi Priya Pathak, Advocate

Mr. Ambrish Kumar Jha, Advocate

For the Respondent

:

Mr. Abhimanyu Sharma, APP

(In CRIMINAL APPEAL (DB) No. 521 of 2016)

For the Appellant

:

Mr. Pratik Mishra, Advocate

Mr. Vikash Kumar Jha, Advocate

Mr. Davendra Kumar Pandey, Advocate

For the Respondent

:

Mr. Abhimanyu Sharma, APP

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH

SINGH

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 16-10-2023

Both the criminal appeals arise out of common judgment of

conviction dated 29.04.2016 and order of sentence dated

Patna High Court CR. APP (DB) No.636 of 2016 dt.16-10-2023

2/24

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, 1^st 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 informant hide

himself in the northern side of his house, which is adjacent to the

land of Tanti. The children and woman of the house also ran

away. Seeing the wife of informant running away, the accused

chased her by hitting the eastern gate and firing. They caught her

Patna High Court CR. APP (DB) No.636 of 2016 dt.16-10-2023

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near the Bathan of Vishundev Tanti and injured her by inflicting

the blow of Kunda over face. The accused pushed her on the land,

where the wife of informant, namely, Babli Devi, who was 65

years, died and thereafter they went towards Gerua River. During

the assault, Vishundev Tanti had asked the accused to leave the

old lady, but they did not listen. The informant was seeing every

thing by hiding beside. In the morning of 02.01.2017, the

informant came to know that the mother of Hareram Mandal and

Mahadeo Mandal were also killed and after getting this

information, the informant went to see the dead body. He saw the

dead body of Pago Devi. Meena Devi, daughter-in-law of Pago

Devi, told that yesterday i.e. 01.01.2007 at 5:30 p.m. the named

accused persons armed with katta came and started abusing and

thereafter Meena Devi hide herself and she further told t