LILANAND MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants are the father-in-law, brother-in-law (dewar and husband) of the deceased and convicted by a judgment dated 21.5.1994 passed by learned 5th Additional Sessions Judge, Purnea in Sessions Trial No. 128 of 1993 under Section 304-B and 498-A, IPC and sentenced to 10 years and 1 year rigorous imprisonment respectively as well as under Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for 6 months.

(2.) The case of the prosecution according to PW 4 Mahesh Mandal is that his daughter was married to the appellant Kuldip Mandal about 5 years ago and a dispute had arisen between PW 7 and other in-laws of the appellant over keeping of some jute in the house of PW 7 Birendra Prasad Bishwas in course of which the appellant Kuldip Mandal attempted to assault PW 7 but the deceased had intervened. On the fateful day, the nephew of the appellant Kuldip Mandal came and informed the informant that his daughter was precarious and when he reached the place of occurrence he learnt that she had been poisoned to death. A case under Section 302 and 328, IPC was instituted and charges were also framed under the said sections in addition to Section 304-B, IPC.

(3.) During trial PW 4 the informant turned hostile and did not support the case of the prosecution, PW 2 was tendered whereas PW 8 and 9 were formal witnesses, PW 6 was hostile whereas PW 1 is on the point that a panchaiti had taken place between the appellant and PW 7, PW 3,5,7 are the material witnesses who have been relied upon by the Trial Court, PW 9 and 10 are the doctors who examined the deceased in an injured condition and performed post mortem examination respectively.