IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (DB) No.746 of 2004

Against the judgment of conviction and order

of sentence dated 27^th August, 2004 pased by

Shri R.P. Singh, the learned Additional

Sessions Judge, Fast Track Court No. II,

Bhagalpur in Sessions Trial No. 235 of 1990.

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Pramod Mandal, Son of Late Bhusali Mandal, Resident of Companybagh, Police

Station-Kotwali, District-Bhagalpur.

.... .... Appellant.

Versus

The State of Bihar

.... .... Respondent.

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Appearance :

For the Appellant

: Mr. Krishna Mohan, Advocate.

Mr. Praveen Kumar, Advocate.

Mr. Nihar Nandan Ambasta, Advocate.

For the Respondent

: Mr. Ashwini Kumar Sinha, APP.

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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA

and

HONOURABLE MR. JUSTICE AMARESH KUMAR LAL

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Date: 26-07-2012

Criminal Appeal (DB) No. 746 of 2004 filed on

behalf of appellant Pramod Mandal has assailed the judgment of

conviction and order of sentence dated 27^th of August, 2004 in

Sessions Trial No. 235 of 1990 delivered by the learned

Additional Sessions Judge, Fast Track Court No. II, Bhagalpur,

convicting him under Section 302 of the Indian Penal Code and

sentenced him to undergo rigorous imprisonment for life.

2. According to the First Information Report, the

prosecution case was initiated by Arjun Poddar (P.W.1) on

Patna High Court CR. APP (DB) No.746 of 2004 dt.26-07-2012

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27.08.1988 at 01.30 p.m. The informant’s son Narottam Kumar

came running to his house and at that time he was being chased by

this appellant Pramod Mandal and Shankar Mandal. Initial shot

was fired by Shankar Mandal which misfired but Narottam Kumar

fell down and, thereafter, fatal shot was given by appellant

Pramod Mandal from his pistol from very close range. The

fardbeyan containing the signature of Arjun Poddar P.W.1 marked

at (Ext.1) and Laxmi Poddar P.W.2 marked at (Ext.1/1). The

fardbeyan resulted into formal First Information Report (Ext.5) of

Kotwali P.S. Case No. 491 of 1988 dated 27.08.1988 under

Section 302/34 of the Indian Penal Code and Section 27 of the

Arms Act and the investigation proceeded. In course of

investigation the inquest report (not brought on record) was

prepared. The dead body was sent for autopsy and the post-

mortem report (Ext.4) was prepared. Statement of Arjun Poddar

P.W.1 (Ext.3) and Rukmini Devi P.W.2 (Ext.3/1) got recorded

before the Judicial Magistrate. After investigation, charge sheet

was submitted and the case being triable by the court of Sessions

was committed, where charge against four accused namely

Shankar Mandal, Pramod Mandal, Raj Kishore Mandal @ Raju

Poddar and Raju Mandal was framed. In course of trial,

proceeding against Shankar Mandal and Raju Mandal was

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dropped by order dated 25.03.2000 and 04.07.1995 respectively.

Besides the present appellant one Rajkishore Poddar @ Raju

Poddar faced trial. The trial court did not find any incriminating

evidence against Rajkishore Poddar @ Raju Poddar so he was

acquitted and the appellant was convicted under Section 302 of

the Indian Penal Code.

3. The defence of the appellant is of false

implication and also that manner of assault has not been separated

either medically or orally.

4. The court after consideration of the evidence

has held the appellant guilty under Section 302 of the Indian Penal

Code.

5. This Court is required to reappreciate the

evidence and see that the prosecution has been able to prove the

charge beyond shadow of all reasonable doubts or not.

6. The prosecution in support of its case has

examined the informant Arjun Poddar as P.W.1,