RAM CHANDER MANDAL Vs. STATE

JUDGEMENT

(1.) The incident is of the night between 1st July 1991 and 2nd July 1991. As per the statement of Hari Shanker Singh, father of the deceased at about 1.00 A.M. his daughter Rambha came to him loudly shouting that she got burnt and asking her father to save her. Hari Shankar Singh was sleeping on the root' (terrace) of his house alongwith members of his family including his wife Indira, Public Witness -10, daughters Ramblia and Savita and Vijay Kumar, Public Witness -11, his brother-in-law. On account of the shrieks of the said Kumari Rambha, his family members also woke up and gathered around. All of them were feeling burning sensation. Hari Shankar Singh, who later appeared as Public Witness -13 further stated that he saw Jeewan Mandal and Ram Chander Mandal (appellant) jumping from the side of the wall. Jeewan Mandal was holding a plastic box in his right hand and while jumping from the roof he threw the said box on the roof itself. Both the accused fled. According to Hari Shankar Singh, Jeewan Mandal and Ram Chandor Mandal were cousins. They had burnt his daughter Rambha and all the members of his family by pouring some liquid like acid. All the injured including Kumari Rambha were taken to the ESI hospital in a three wheeler scooter. In the hospital MLCs of Kumar Rambha, her mother Indra, her sister Savita, father Hari .Shankar Singh and Vijay Kumar were recorded. The arrival of all these persons in the hospital is shown in the MLCs as 1.30 A.M. on 2nd July 1991. As per the MLC the patients were alleged to have suffered acid burns by somebody at home about 30 minutes back. They all received treatment. The condition of Kumari Rambha was described as serious. Her pulse and blood pressure were not recorded. She reportedly had deep acid burns. Rambha's MLC is Ex. PW-8/E. It contains the thumb impression of the patient. She was unfit for statement. She died within about 15 minutes of her arrival in the hospital. As per the death summary Ex. PW-8/L she was declared dead at 1.45 A.M. on 2nd July

(2.) In his statement recorded at about 3 A.M. on 2nd July, 1991 referred to above, Hari Shanker Singh had named two. accused, Jeewan Mandal and -Ram Chander Mandal. Jeewan Mandal could not be arrested and was ultimately declared a proclaimed offender, Therefore, only Ram Chander Mandal, appellant herein, was tried. He was convicted by the learned Addl. Sessions Judge vide impugned judgment dated 29th October, 1993 of offences. under section 302 Indian Penal Code read with section 34 Indian Penal Code and section-307 Indian Penal Code read with section 34 Indian Penal Code and was sentenced to life imprisonment and fine of Rs.500.00 for the offence under section 302/34 Indian Penal Code and to S.I. for two years and fine of Ks.500.00 for the offence under section 307/34 IPC.

(3.) The learned counsel for the appellant has tried to highlight certain flaws in the reasoning contained in the judgment of the learned Addl. Sessions Judge. Apart from the flaws in the reasoning he has endeavoured to demonstrate before us that it is not a case where the appellant can be convicted on the basis of the evidence on record. According to the learned counsel for the appellant it is a case of circumstantial evidence in which the chain of events is not complete so as to lead to the only hypothesis of the guilt of the appellant and to exclude hypothesis of his innocence. He urged the following points in this behalf :-