Patna, September 18: In a dramatic turn after nearly a decade- long legal battle, the Patna High Court on Thursday set aside the conviction of Tarni Mandal, who had been sentenced to life imprisonment in connection with the 2014 Shahkund firing case that claimed the life of Sub- Inspector Avinash Kumar. The Division Bench of Justice Bibek Chaudhuri and Justice Dr. Anshuman delivered the verdict, bringing relief to the 65- year- old appellant.
Background
The case dates back to June 23, 2014, when a police patrol led by SI Avinash Kumar clashed with a group of armed men near Panchrukhi market in Bhagalpur district. Kumar was fatally shot during the exchange of fire. Mandal, an elderly villager from Khulni, was apprehended on the spot while others allegedly fled.
A sessions court in 2016 convicted him under several sections including murder (302 IPC), assault on public servant, and provisions of the SC/ST Act, sentencing him to life imprisonment along with fines. Co- accused Sanjay Yadav and Sintu Yadav were acquitted for lack of evidence.
Court's Observations
During the appeal, Mandal’s counsel argued that he was already in police custody when the firing took place and had no weapon on him. His bloodstained clothes, they said, only reflected proximity to the injured officer, not guilt.
Read Also : Supreme Court Quashes Dowry Cruelty FIR Against Nitin Ahluwalia, Citing Abuse of Process After Divorce
The bench examined testimonies of five key eyewitnesses- all members of the patrol team. Most admitted under cross- examination that Mandal was caught before the fatal shot and that he was unarmed. ''The arrested person did not have any weapon, '' one constable testified. Another candidly said,
''We and sahib caught him, and at that very moment sahib received the bullet injury.''
On the allegation of caste abuse under the SC/ST Act, the judges noted that derogatory remarks were made by other fleeing miscreants, not Mandal himself. The Arms Act charge also fell flat since no weapon was seized from him.
Read Also : Supreme Court to Hear Plea for Reserved NEET-PG Seats for Transgender Candidates Before Counselling Starts
The court concluded that the doctrine of ''common intention'' under Section 34 IPC, pressed by the prosecution, did not apply.
''The use of weapons against the police party had been only after the present appellant had been separated from the rest of his team, '' the bench observed.
Decision
Allowing the appeal, the High Court quashed the 2016 conviction and ordered Mandal's immediate release, if not required in any other case.
''The prosecution has failed to prove the charges beyond reasonable doubt,'' the judgment declared.
The court also recorded appreciation for Amicus Curiae Ms. Surya Nilambari, who represented the widow of the slain officer, noting her ''able assistance'' in the matter.
With this ruling, a case that had haunted Bhagalpur's Shahkund police station for over 11 years reached closure- though for the family of SI Avinash Kumar, the legal fight may feel far from over.
Case Title : Tarni Mandal vs The State of Bihar
