SUBODH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been filed by the son, father as both have been convicted for the offences under Sections 302/34, 201/34 of the Penal Code and Section 4 of the Dowry Prohibition Act under impugned judgment dated 24.01.2014, passed by Additional District & Sessions Judge -I, Katihar, in Sessions Trial No. 11/2012. They have further been sentenced under order dated 30.01.2014 to undergo imprisonment for life, Rigorous Imprisonment for five years under Sections 302/34, 201/34 of the Penal Code and six months Simple Imprisonment under Section 4 of the Dowry Prohibition Act.

(2.) PROSECUTION case as set out in the fardbeyan of informant Lakshman Mandal (P.W.6) dated 23.03.2011, scribed by Yugal Kishore Ram (P.W. 5) on 23.03.2011 at 8:00 A.M. on the bank of Mahananda river in village Lalganj Teghra is that Gangu Mandal, father of Subodh Mandal lodged a case against the informant and his family members alleging abduction of his son in which Final Form was submitted by the police recommending action against Gangu Mandal under Sections 182, 211 I.P.C. At about the same time, son of Gangu Mandal got married to the daughter of the informant in a temple, Gangu Mandal, however, refused to allow the daughter of the informant Sulekha Devi to reside in his house as his daughter -in -law. Sulekha Devi used to reside with her parents i.e. informant, P.W. 4 and earn wages along with them. Gangu Mandal was also threatening the informant that he will not let his daughter enjoy the benefit of conjugal life. Meanwhile, on 09.03.2011 Subodh Mandal made a call on Mobile No. 7250404847 of Sulekha Devi and asked her to come to his Basa (hut situate away from village). Having received the telephone call, daughter of the informant pretended that she is going for grass -cutting, went to meet Subodh Mandal around 4:00 P.M. but did not return thereafter. In the morning on 23.09.2011 the village boys returned from the bank of the river, informed the informant that they had seen a dead body buried in the sand on the bank of the river. Having learnt about the dead body buried on the bank of river from the village boys, informant along with his wife came to the bank of the river and identified the body with the help of the bangle(s), saree that the dead body was of his daughter and then came to Roshna Out Post, informed the officer present at the Out Post about the occurrence and thereafter came back to the bank of the river with the in -charge of the Out Post and in his presence dead body of his daughter was dug out. In the concluding portion of the fardbeyan informant claimed that his daughter, deceased Sulekha Devi, was called by Subodh Mandal telephonically and thereafter Subodh Mandal, his father Gangu Mandal along with their accomplice killed her and buried the dead body on the bank of the river. Brother -in -law of the informant Ram Prasad Singh (P.W. 1) has also put his signature over the fardbeyan.

(3.) IN support of the charge, prosecution examined eight witnesses, namely, P.W. 1 Ram Prasad Singh, brother -in -law of the informant, who put his signature over the fardbeyan. P.W. 2 Madan Mandal, nephew of the informant, who is the witness of inquest (Exhibit -5). P.W. 3 Bhado Devi, elder daughter of the informant, P.W. 4 Sumitra Devi, mother of the deceased and wife of the informant (P.W. 6), P.W. 5 Yugal Kishore Ram the In -charge of Roshna Out Post., who scribed the fardbeyan of the informant. P.W. 6 Lakshman Mandal, the father of the deceased, is the informant. P.W. 7 Narendra Kumar is the second Investigating Officer of the case, who submitted charge -sheet. P.W. 8 Dr. Amar Kumar Deo conducted post mortem on the dead body of Sulekha Devi and submitted post mortem report (Exhibit -9), wherefrom it appears that Sulekha Devi was killed 7 -8 days prior to the post mortem examination i.e. on 09.03.2011, the date of her disappearance.