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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 348 of 2004

PETITIONER:

Hari Mohan Mandal

RESPONDENT:

State of Jharkhand

DATE OF JUDGMENT: 18/03/2004

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT

JUDGMENT:

J U D G M E N T

(Arising out of S.L.P. (Crl.) No. 3784/2003

ARIJIT PASAYAT,J

Leave granted.

Appellant along with four others faced trial for

alleged commission of offence punishable under Section

302, 302 read with Section 120B, 307, 302 read with

Section 109 of the Indian Penal Code, 1860 (for short

the ’IPC’). The Trial Court found the appellant Hari

Mohan Mandal and two other accused persons Chandra

Mohan and Vijay to be guilty. Two others, namely,

Gajadhar Mandal and Rameswar Mahto were acquitted.

While Chandra Mohan was found guilty of offence

punishable under Section 302 IPC, accused-appellant

Hari Mohan Mandal and Vijay Mandal were found guilty of

the offence punishable under Section 307 IPC. Each was

sentenced to undergo imprisonment for life.

In appeal, a Division Bench of the Jharkhand High

Court dismissed the appeal so far as the accused

Chandra Mohan and present appellant are concerned, but

directed acquittal of