2026 INSC 194
Crl. Appeal. No.3105 of 2025 Page 1 of 13
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3105 OF 2025
GHANSHYAM MANDAL AND ORS. APPELLANTS
VERSUS
THE STATE OF BIHAR RESPONDENT
(NOW JHARKHAND)
J U D G M E N T
ATUL S. CHANDURKAR, J.
1. The appellants are aggrieved by the judgment dated
09.05.2019 passed by the Division Bench of the Jharkhand High
Court in Criminal Appeal No.533 of 1996. By that judgment, the
conviction of the appellants by the Sessions Court in Sessions
Case No.342 of 1986 under Section 302 read with Section 34 of
the Indian Penal Code1 has been upheld.
2. The case of the prosecution in brief is that as per the
informant-Chetan Mandal on 15.08.1985 at about 03.30 P.M,
while he was cutting grass at his courtyard, he heard shouts raised
by his brother Bulaki Mandal. On coming out of his house and
approaching the passage outside, he saw Shiv Prasad Mandal and
1 For short, the Penal Code
Crl. Appeal. No.3105 of 2025 Page 2 of 13
Dindayal Mandal having garasas in their hands, Anirudh Mandal
having a sword in his hand, who were all entering the courtyard of
his brother’s house. After raising slogans, they started assaulting
him. The informant further saw that his brother Bulaki and
nephew Hriday were being dragged out of the house and taken
near the house of Jahazi in the pa...