IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE 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

Appellants, Yadu 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 special leave. ....2/-

- 2 -

Learned counsel  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.

Accordingly,  the  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 already undergone. The appellants, who are on bail, are discharged from the liability of bail  

bonds.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, May 06, 2009.