UJJAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have moved this appeal against order of their conviction under Sections 302/34 of the Indian Penal Code, 1860 (I.P.C.) with sentence of life for haying committed the murder of Sulekha Devi, daughter of the informant Rameshwar Mandal (P.W. 5). Appellant Ujjwal Mandal is the husband of deceased Sulekha whereas appellant Netai Mandal is father-in-law and Bijay Mandal, brother of the husband.

(2.) The case of the prosecution, in short, is that on 25.5.1990, the informant received intimation through one Doman Mandal and Govind Mandal of village Gopalpur that his daughter had committed suicide by taking poison. The informant rushed to the village Gopalpur and found his daughter lying dead on a chowki in the house of the appellant. He found her neck strangulated. The informant having suspected that his daughter was done to death tried to find out the accused-persons but they were traceless. Even villagers also on enquiry did not disclose what was the reason for death. On the above information, the Police registered a case and ultimately, the accused-persons were put on trial on the charge of having committed murder.

(3.) The defence of the accused-persons as would appear from the statement under Section 313 of the Code of Criminal Procedure as well as the trend of cross-examination of the prosecution witnesses was total denial of the allegation. According to the accused-persons, Sulekha had, in fact, committed suicide by consuming poison.