BHADDO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the State.

(2.) This criminal appeal is directed against the judgment of conviction and sentence order dtd. 19/8/2017 and 22/8/2017 respectively passed by the Additional Sessions Judge cum Fast Track Court I, Katihar in Sessions Trial No. 56 of 2009/CIS No.(GR) No. 998 of 2007 by which the trial court has convicted the sole appellant under Sec. 306 of the Indian Penal Code and sentenced him to suffer eight years.. rigorous imprisonment with fine of Rs.10,000.00 and in default of payment of the fine the he has to undergo further imprisonment for the period of six months.

(3.) P.W.10, Sagar Mandal, who is brother of the deceased, gave his fard beyan to the Sub Inspector, Panapur, Katihar Police Station alleging therein that on 8/6/2007 at about 12 PM while he was at his house, all of a sudden he heard hulla that his sister Santoshi Kumari is lying dead in her house. Thereafter, he along with his mother Paro Devi (PW 8) reached her matrimonial house and found that his sister was lying dead in the Courtyard and on being asked, his brother-in-law Bhaddo Mandal (the appellant) told him that she committed suicide by hanging herself. Informant (PW 10) further alleged that he saw the deep black mark on the neck of the deceased. He has also alleged that his sister had been married with the appellant one year back and since then he was in the habit of assaulting her in the night after taking liquor and due to this they were not in talking terms. Informant (PW 10) doubted that his sister was strangulated to death by the appellant and her mother and to give the colour of suicide, they hanged the dead body.