Cri. Appeal No. 71 of 1999-R. Case: Mansoor Alam and Anr. Vs State of Bihar (now Jharkhand). Jharkhand High CEGAT & CESTAT High Court
| Case Number | Cri. Appeal No. 71 of 1999-R |
| Counsel | For Appellants: M/s. Anil Kumar and Rishi Pallava, Advs. and For State: A.B. Mahata, APP. |
| Judges | N. Dhinakar, C.J. and R. R. Prasad, J. |
| Issue | Indian Penal Code (45 of 1860) - Section 300 |
| Citation | 2006 CriLJ 4485 |
| Judgement Date | Wednesday May 10, 2006 |
| Court | Jharkhand High CEGAT & CESTAT High Court |
Judgment:
Mansoor Alam and Badruddin, the appellants in the above appeal, were arrayed as A1 and A2 in Sessions Trial No. 407/1997 on the file of 5th Addl. Sessions Judge, Hazaribagh. They were tried and convicted under section 302 read with section 34 I.P.C on the allegation that they, in furtherance of the common intention of each other, caused death of Rupesh Soren @ Sontu by slapping and stabbing with a pair of scissors. The Trial Judge, finding the appellants guilty as charged, sentenced each of them to imprisonment for life, which is being challenged in this appeal.
At 4.30 p.m. on 4-12-1996, the deceased, Rupesh Soren @ Sontu, along with his friend Albert Barla, P.W. 4 and P.W. 10 Sapan Kumar Bose was taking refreshment at a Tea Shop near College Mor. They saw the first appellant Mansoor Alam teasing some girls. The deceased objected to the conduct of the first appellant. P.W. 4 Albert Barla slapped the first appellant and also asked him to close the shop. On being threatened by P.W. 4 and the deceased, the first appellant closed the shop and the deceased and P.W.4 came later and they found the shop kept open. The deceased and P.W. 4 went to the shop and questioned the first appellant. P.W. 4 once again slapped the first appellant and the deceased removed the table of the first appellant. At this juncture, the second appellant slapped the deceased, while the first appellant, who had a pair of scissors, caused injury...
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