Ghanshyam Mandal & Ors. v. State of Bihar

 Conviction under s. 302 read with s. 34 IPC upheld where consistent ocular evidence establishes common intention; non-recovery of weapon and generalised s. 313 CrPC questioning held non-fatal absent prejudice.

Background

The appellants were convicted by the Sessions Court under s. 302 read with s. 34 IPC for the murder of Bulaki Mandal and Hriday Mandal (15.08.1985). The conviction was affirmed by the High Court. The prosecution relied on four eye-witnesses. The defence raised pleas of interested witnesses, non-recovery of weapons, defective examination under s. 313 CrPC, and alibi.

Issues Framed

  1. Whether conviction under s. 302 r/w s. 34 IPC was sustainable on the basis of related eye-witness testimony.
  2. Whether non-recovery of weapons vitiated the prosecution case.
  3. Whether examination under s. 313 CrPC caused prejudice warranting acquittal.

Court’s Reasoning

1. Credibility of Eye-witnesses

The Court found the testimony of four eye-witnesses consistent and mutually corroborative. Their presence at the scene was natural. Minor inconsistencies did not dilute the prosecution case. Relationship with the deceased was not a ground to discard credible testimony.

2. Non-Recovery of Weapons

Though the investigating officer failed to recover the weapons, the Court held that recovery is not a sine qua non for conviction where ocular and medical evidence are reliable. Reliance was placed on Rakesh v. State of U.P. and Om Pal v. State of U.P., reiterating that credible eye-witness evidence can sustain conviction despite such omission.

3. Examination under s. 313 CrPC

While similar and general questions were put to all accused, incriminating circumstances were brought to their notice. The Court emphasized that omission or inadequacy under s. 313 CrPC does not ipso facto vitiate trial unless actual prejudice is shown. No material prejudice was demonstrated.

4. Plea of Alibi

The defence evidence did not dislodge the consistent prosecution version. The Courts below rightly rejected the plea.

Decision / Disposition

Appeal dismissed. Conviction and sentence of life imprisonment under s. 302 r/w s. 34 IPC affirmed.

Ratio

Conviction under s. 302 read with s. 34 IPC may be sustained on consistent and reliable ocular evidence notwithstanding non-recovery of weapons, and alleged defects in examination under s. 313 CrPC will not vitiate the trial absent proof of actual prejudice.

Case Details

Citation: 2026 INSC 194
Decided on: 25 February 2026
Case Title: Ghanshyam Mandal & Ors. v. State of Bihar (now Jharkhand)
Court: Supreme Court of India
Bench: J.K. Maheshwari, J.; Atul S. Chandurkar, J.

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