Case Note & Summary
The Supreme Court dismissed the criminal appeal by Appellants against their conviction for the murder of Bulaki Mandal and Hriday Mandal under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) -- The prosecution case involved an assault on 15 August 1985 following an altercation over grazing of crops -- The Sessions Court convicted the appellants based on evidence from four eye-witnesses, and the High Court upheld this -- In appeal, the appellants challenged the reliability of related witnesses, non-recovery of weapons, alibi plea, and compliance with Section 313 of the Code of Criminal Procedure, 1972 (CrPC) -- The Supreme Court found the witnesses' testimony consistent and natural, motive established, alibi not proved, and Section 313 examination proper -- The conviction was upheld, and the appeal dismissed
Headnote
The Supreme Court dismissed the criminal appeal filed by Appellants challenging their conviction for murder under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) -- The appellants were convicted by the Sessions Court and the High Court upheld the conviction -- The Court held that the evidence of four eye-witnesses, though related to the deceased, was consistent, reliable, and natural -- The motive was established through a prior altercation over grazing of crops -- The non-recovery of weapons did not create doubt as the post-mortem report confirmed injuries by sharp weapons -- The alibi plea was not proved with cogent evidence -- The examination under Section 313 of the Code of Criminal Procedure, 1972 (CrPC) was proper as incriminating circumstances were put to the appellants -- The appeal was dismissed, upholding the life imprisonment sentence
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Issue of Consideration: The Issue of Consideration was whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) was justified based on the evidence, including the reliability of related witnesses, non-recovery of weapons, alibi plea, and compliance with Section 313 of the Code of Criminal Procedure, 1972 (CrPC)
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Final Decision
The Supreme Court dismissed the appeal and upheld the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) -- The life imprisonment sentence was maintained
2026 LawText (SC) (02) 66
Criminal Appeal No. 3105 of 2025
J. K. MAHESHWARI J. , ATUL S. CHANDURKAR J.
Ms. Anjana Parkash, Mr. Vishnu Sharma
Ghanshyam Mandal and Others
The State of Bihar (Now Jharkhand)
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Nature of Litigation: Criminal appeal against conviction for murder under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC)
Remedy Sought
The appellants sought acquittal by challenging the conviction upheld by the High Court
Filing Reason
The appellants were aggrieved by the High Court's judgment dated 09 May 2019 upholding their conviction
Previous Decisions
Sessions Court convicted the appellants in Sessions Case No. 342 of 1986 -- High Court dismissed Criminal Appeal No. 533 of 1996 and upheld the conviction
Issues
Whether the evidence of related eye-witnesses was reliable and sufficient to prove guilt beyond reasonable doubt
Whether non-recovery of weapons and alibi plea created doubt in the prosecution case
Whether examination under Section 313 of the Code of Criminal Procedure, 1972 (CrPC) was proper and caused prejudice
Submissions/Arguments
Appellants argued that witnesses were related and inconsistent, independent witnesses were not examined, weapons were not recovered, alibi was proved, and Section 313 examination was defective
Respondent argued that witnesses were consistent and reliable, motive was established, post-mortem report confirmed injuries, and Section 313 examination was proper with no prejudice
Ratio Decidendi
The evidence of related witnesses can be accepted if consistent and natural -- Non-recovery of weapons does not disprove the prosecution case when post-mortem evidence supports it -- Alibi must be proved with cogent evidence and was not established here -- Examination under Section 313 of the Code of Criminal Procedure, 1972 (CrPC) was proper as incriminating circumstances were put to the accused
Judgment Excerpts
The Court held that the version of the four eye-witnesses was consistent and acknowledged each other's presence at the spot
The Court held that the alibi plea was not proved with cogent evidence and was brushed away without reason
The Court held that the examination under Section 313 of the Code was proper as incriminating circumstances were put to the appellants
Procedural History
Case registered on 15 August 1985 -- Charge sheet filed and case committed for trial -- Sessions Court convicted appellants in Sessions Case No. 342 of 1986 -- High Court dismissed Criminal Appeal No. 533 of 1996 on 09 May 2019 -- Supreme Court appeal filed as Criminal Appeal No. 3105 of 2025
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