MANIK MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above-mentioned death reference arises out of the judgment of conviction and sentence of capital punishment awarded by the 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 340/141 of 1998-98. Against the same judgment of conviction and sentence, the above-mentioned criminal appeal has been preferred by the convict appellant-Manik Mukherjee, a local Lawyer of Jamshedpur. The convict Manik Mukherjee stood trial for the charge under S. 302 of the Indian Penal Code along with the co-accused-Ashwani Kumar Panda being charged under S. 115 read with S. 302 of the Indian Penal Code. On trial Manik Mukherjee was found guilty of the charge under S. 302 of the Indian Penal Code for intentionally committing the murder of his wife Swapna Mukherjee, son Jyotirmoy Mukherjee and daughter Indrani Mukherjee alias Rinku and considering the dreadedness and gruesome murder, capital punishment has been awarded as sentence to convict Manik Mukherjee, but the co-accused-Ashwani Kumar Panda was acquitted on benefit of doubt as the charge of abetment against him could not be proved by any cogent and reliable evidence.

(2.) The prosecution case in brief is that convict Manik Mukherjee was a practising lawyer at Jamshedpur Civil court residing in a house constructed by him at Sankosai Road No. 1 within Mango Police Station(Olidih Out Post) in the town of Jamshedpur in the district of East Singhbhum. He had his native home at Mouza Govarghusi under Patamda Police Station within the same district at some distance from Jamshedpur Town wherein his other brothers were residing along with uncle and others, but the accused-convict Manik Mukherjee constructed the house, as mentioned above, at Mohalla Sankosai, Road No. 1 and was living with his family consisting of his wife and two children, namely, one daughter and a son and he was originally a Junior Advocate of a criminal lawyer Sri Ranjit Sarkar.

(3.) XXXXX