Yadu Nandan Mandal
& ANR. Vs. State of Bihar  INSC 983 (6 May 2009)
JURISDICTION CRIMINAL APPEAL NO.1104 OF 2002 Yadu Nandan Mandal and Anr.
...Appellant(s) Versus State of Bihar ...Respondent(s)
O R D E R
Nandan Mandal and Diwakar Mandal were tried along with Ganesh Mandal and
Shyamdeo Jha for offences under Sections 364/34, 302/34, 201/34 and 379/34 of
Indian Penal Code (for short `IPC') on the allegations of having abducted and
murdered Gauri Kant Jha and Aditya Nath Jha, disposed of their dead bodies and
committed theft of their bicycles. The trial Court acquitted Shyamdeo Jha but
convicted the remaining persons under Section 364 read with Section 34 IPC and
sentenced them to undergo imprisonment for life. However, all the accused were
acquitted of the charges under Sections 304/35, 201/34 and 379/34 IPC. All the
convicts preferred appeal against the judgment of the trial Court. During the
pendency of the appeal, accused, Ganesh Mandal died and, on that account,
appeal filed by him abated. So far as the remaining two appellants are concerned,
the High Court confirmed their conviction and sentence. Hence, this appeal by
appearing on behalf of the appellants has pressed this appeal on the question
of sentence and made a prayer that the sentence of imprisonment awarded against
the appellants be reduced to the period already undergone as appellant No.1 -
Yadu Nandan Mandal has remained in custody for a period of more than five years
and appellant No.2 - Diwakar Mandal has remained in custody for a period of
more than seven years.
Having heard learned
counsel appearing on behalf of the parties and taking into consideration the
totality of circumstances, we are of the view that ends of justice would be met
in case the sentence of imprisonment awarded against the appellants is reduced
to the period already undergone.
appeal is allowed in-part and while upholding the conviction of the appellants,
the sentence of imprisonment awarded against them is reduced to the period
The appellants, who
are on bail, are discharged from the liability of bail bonds.
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