MINTU MANDAL Vs. STATE

JUDGEMENT

(1.) Mintu Mandal, by the impugned judgment dated 26th November, 2014, stands convicted for murder of Rani on 1st November, 2011 in a room on the second floor of a factory located at N-39, Sector-2, DSIDC Bawana. By order on sentence dated 29th November, 2014, Mintu Mandal has been sentenced to imprisonment for life, fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for three months. Section 428 of the Code of the Criminal Procedure, 1973 (Cr.P.C., for short), it was directed, would apply. The aforesaid conviction arises out of the charge sheet filed in FIR No.376/2011, police station Bawana.

(2.) Deceased Rani was the wife of Desh Raj (PW2). The appellant Mintu Mandal was known to Desh Raj (PW2) and the deceased Rani. Desh Raj (PW2), who used to work as a "Raj Mistri", in his testimony has stated that on 1st November, 2011 at about 9 A.M., he had left his room on the second floor of the factory located at N-39, Sector-2, DSIDC, Bawana and at that time, his wife Rani and two children, Kajal and Ajay, were present there. At about 3.45 P.M., the owner of the said factory, Amit, had made a call on his mobile phone and had asked him to return immediately. When he reached the factory, he met his children on the ground floor who were weeping and on going to the second floor, he noticed that his wife had died. She had strangulation marks on her neck. He had then made a call to his brother Gyasi (PW1). The police was called which came to the spot and recorded PW2's statement marked Ex.PW2/A. PW2 had professed and claimed that the appellant Mintu Mandal had murdered his wife. He had known Mintu Mandal, who used to come to the factory at N-39, Sector-2, DSIDC, Bawana and had developed a good friendship with him. However, his wife had expressed apprehension and doubt about the appellant Mintu Mandal, for he had an evil eye on her and used to visit their room during day time in his absence. A day earlier i.e. on 31st October, 2011, the appellant had come to his room at about 7 P.M. and in spite of PW2's reluctance, they had cooked and eaten meat and had drank liquor. At about 9 P.M. on 31st October, 2011, Desh Raj (PW2) had left the appellant at the gate of the factory, asking him to leave the place. At about 7 A.M. on 1st November, 2011, when PW2 had gone to switch on the water motor, he had seen the appellant sitting in the basement near the water motor. He had then warned the appellant not to visit the factory again.

(3.) Head Constable Satbir (PW6) was one of the first police officers to reach the spot i.e. the room on the second floor of the factory located at N-39, Sector-2, DSIDC Bawana. PW6 had seen the dead body of a female lying in the room. He had also seen a few broken bangles and one hair clip lying outside the room, a fact deposed and affirmed by Desh Raj (PW2) also. Later on, SI Anil Tushir and the SHO had inspected the dead body and had noticed signs of pressing on the neck of the deceased. Head Constable Satbir (PW6) has testified that Desh Raj (PW2) husband of the deceased was found to be present there. The hair clip and the broken bangles were put in a plastic dibbi and converted into a pullanda and seized vide memo Ex.PW2/C, which was signed by PW6 at point B. A bed sheet and a shawl were also seized from the spot.