MANGAL KOYA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-8-64
HIGH COURT OF JHARKHAND
Decided on August 14,2014

Mangal Koya Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) This appeal has been filed against the judgment of conviction dated 25th September, 2003 and order of sentence dated 27th September, 2003, passed by the Additional Distt. & Sessions Judge, Fast Track Court-ll, East Singbhum, Jamshedpur in Sessions Trial No. 131 of 2002, whereby and whereunder this appellant has been convicted for committing murder of Mangal Lakra and sentenced to undergo Rigorous Imprisonment for Life. This appellant has also been convicted and sentenced to undergo Rigorous Imprisonment for two years u/s. 27 of the Arms Act. "Prosecution Case: It is the case of the prosecution that on 15th June, 2001 at 19.45 hrs. (7.45 P.M.) Fardbayan of informant Mangal Lakra (deceased) was recorded by the Police in the Emergency Ward of MGM Hospital, Jamshedpur that on 15th June, 2001 at 13.30 hrs. (i.e. 1.30 P.M.) while informant was pulling the cable for his friend Sohan Kujur from the adjacent school building, Mangal Koya (accused) came there and forbade the informant to do so and asked him to take Dish connection from him. The Informant refused and pulled the cable and Mangal Koya left. On the very same day, i.e. on 15th, June, 2001, at about 17.30 hrs. (i.e. 5.30 P.M.), while informant was at his house washing his mouth, Mangal Koya came there and asked the informant to accompany him to R.D. Tata School for a talk regarding Dish cable wire. Informant, in good faith/accompanied Mangal Koya to the field of R.D. Tata School. They talked while walked and during such course when informant turned back, Mangal Koya took out the pistol from his waist and fired at his back. Blood oozed out from his back and stomach and Mangal Koya filed away. Thereafter when informant, crying and shouting, returned to his house, Babloo and two other boys of his Basti took him to the MGM Hospital where his treatment was going on. He further alleged that occurrence took place at about 17.45 hrs.
(2.) Details regarding witnesses in a tabular chart Argument on behalf of the appellant
(3.) Major omission, contradiction and improvement in the depositions: Counsel for the appellant submitted that there are major omissions, contradictions and improvements in the deposition of prosecution witnesses, which was not properly appreciated by the trial court and hence judgment of conviction and order of sentence passed by the trial court deserves to be set aside.;


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