ARUN MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) APPELLANTS Arun Mandal and his wife Radharani Mandal have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation. Appellant Arun Mandal has also been convicted under Section 342 of the Indian Penal Code and sentenced to fine of Rs.500/- with default stipulation. Co-accused Ranjit Mandal has been acquitted of the charges by the trial court.

(2.) THE victim of the incident was Indrajit Roy, aged about 20 years.

(3.) ACCORDING to the prosecution, Indrajit Roy and the appellants lived in the same villalge Kanwarpur Futukai. On the night of 20.10.2009, Indrajit Roy was called by Arun Mandal to his house and there, he and his family members beat Indrajit Roy to death after tying his legs with a rope. Ejahar exhibit 2 of the incident was lodged by Ranjit Roy (PW-2), elder brother of Indrajit Roy, on 21.10.2009, at Dolohat Police Out Post, falling within the jurisdiction of Police Station Laluk. In the ejahar, Ranjit Roy named Arun Mandal, Ranjit Mandal, Sadhan Mandal, Radhamoni Mandal, Paresh Sarkar and Naresh Sarkar as assailants of Indrajit Roy. The police, on reaching the place of occurrence, made the inquest, on the body of Indrajit Roy, which was found lying on the varandah of Arun Mandal-s house. The inquest report states that the legs of Indrajit Roy were tied with a plastic rope against one the posts in the verandah. The police also seized the plastic rope with three bamboo pegs by which legs of Indrajit were tied.