PANCHANAND MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 20th September, 2006 passed by the Division Bench of the Jharkhand High Court, Ranchi in Criminal Appeal No. 441 of 2001. By its impugned judgment, the Division Bench dismissed the criminal appeal filed by the appellants and affirmed the order of conviction and sentence passed by the Trial Court. Thus Trial Court order, finding the appellants- Panchanan Mandal @Pachan Mandal and Malti Devi alongwith two others guilty of the offence under Section 304(B)/34 IPC and convicting them with imprisonment for life was upheld by the High Court.

(2.) The case of the prosecution is based on fard-beyan (I.R.) of informant Bachchu Sao (PW-14) who is the brother of the deceased Basanti Devi. According to the fard-beyan(I.R.) recorded on 14th August, 1998 at Sadar Hospital, Giridih, the marriage of his deceased sister Basanti Devi was solemnised with the accused Kaleshwar Mandal about five years prior to her death. On 12th August, 1998, Bachcho Sao got information that his sister- Basanti Devi had suffered burns and was admitted in Giridih Sadar Hospital for treatment. He came to Sadar Hospital, Giridih alongwith other members of his family in the evening of 12th August, 1998 itself. He saw his sister had been badly charred with fire. Her whole body had sustained burns. On 13.8.1998 at about 11.00A.M. when she regained her senses, she told him that at about 9.00-10.00 at the night of 11.8.1998 while she was baking bread in the kitchen of her in-laws house; her father-in-law- accused Panchanan Mandal, his wife-accused Malti Devi and his two sons Falo Mandal and Daso Mandal came there. Her father-in-law poured kerosene oil on her head from a tin and her mother-in-law set fire to her sari with a burning wood of her oven saying that she had not brought a cow and a golden ring in dowry. Her elder brother-in-law (jaith)- Falo Mandal and younger brother-in-law(Daiver)- Daso Mandal took out knives and started threatening her that if she cried aloud she would be killed. When she tried to extinguish fire and came out of the room, all the accused persons pushed her inside the kitchen with lathis and they kept on watching her burning. She also stated him that her husband had gone to Calcutta but while leaving for Calcutta, he had asked the members of his family to kill the deceased by burning. In the fard-beyan, it is further stated that whenever the deceased used to come to the house of her informant brother, she used to say that her-in-laws always harass her for a cow and a ring as dowry and sometimes they even assaulted her. Her statement had also been recorded by an A.S.I. of Police on 13.8.1998 at about noon at the hospital itself. The deceased succumbed to the injuries at about 2.00 A.M. on 14.8.1998 during the course of her treatment.

(3.) On the basis of fard-beyan(I.R.), Madhupur P.S. case No.160/98 dated 16.8.1998 was registered at Madhupur Police Station. After investigation father-in-law, mother-in-law, two brother-in-laws and husband of the deceased were charge-sheeted for trial.