Patna High Court - Orders
Sitaram Mandal & Ors vs The State Of Bihar on 19 October, 2016
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.766 of 2016
Arising Out of PS.Case No. -63 Year- 2009 Thana -LAXMIPUR District- JAMUI
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1. Sitaram Mandal Son of Guru Mandal
2. Deo Narayan Mandal
3. Shiv Narayan Mandal
4. Deen Dayal Mandal
5. Sukh Sagar Mandal
6. Arvind Mandal All sons of Sitaram Mandal
7. Arun Kumar Mandal
8. Kundan Kumar Mandal @ Kundan kumar Both sons of Deo Narayan
Mandal
9. Ranveer Mandal
10. Dilip Kumar mandal @ Dilip Kumar
11. Vikash kumar Mandal
All sons of Shiv Narayan mandal All are resident of Village - Kakam
Chaur P.S- Laxmipur, District - jamui.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Md.Imteyaz Ahmad, Adv.
Mrs. Babita Kumari, Adv.
Mr. Ravi Ranjan, Adv.
For the Respondent/s : Mrs. Abha Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 19-10-2016Heard learned counsel for the appellants and learned counsel for the State.
Admit.
Call for the lower court records of Sessions Trial No. 398 of 2010 from the court of 2nd Additional District & Sessions Judge, Jamui.
The appellants have been convicted, inter alia, under Patna High Court CR. APP (SJ) No.766 of 2016 (2) dt.19-10-2016 2/3 Section 307 read with 149 of the Indian Penal Code and have been sentenced to undergo R.I. for ten years.
It is contended by the learned counsel for the appellants that the trial court has erred in convicting the appellants for the offence punishable under Section 307 of the Indian Penal Code as all the injuries sustained by the victims except one on the person of Bahadur Mandal, which too was caused on non-vital part of the body i.e. leg, were simple in nature. There is case and counter case. The police investigated both the cases and finding the allegations to be true submitted charge-sheet in both cases. The dispute arose on the point of offering a she-goat to the goddess Kali on the eve of Durga Puja and there was no pre-meditation on the part of the appellants.
Learned counsel for the State has opposed the application for bail. He has submitted that altogether six persons sustained injuries in the alleged occurrence. However, he concedes that there was a counter case and the injuries sustained by the victims except one caused to one Bahadur Mandal were found to be simple in nature.
Regard being had to the evidence on record, during pendency of the appeal, the appellants, namely, Sitaram Mandal, Deo Narayan Mandal, Shiv Narayan Mandal, Deen Dayal Mandal, Patna High Court CR. APP (SJ) No.766 of 2016 (2) dt.19-10-2016 3/3 Sukh Sagar Mandal, Arvind Mandal, Arun Kumar Mandal, Kundan Kumar Mandal @ Kundan kumar, Ranveer Mandal, Dilip Kumar mandal @ Dilip Kumar and Vikash kumar Mandal are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge, Jamui in connection with Sessions Trial No. 398 of 2010 arising out of Laxmipur P.S.Case No. 63 of 2009.
(Ashwani Kumar Singh, J) Pradeep/-
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