CHANDAN MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted vide Judgment dated 25.03.2010 passed by the Second Additional District and Sessions Judge, Gaya, in Sessions Trial No. 267 of 2009/762 of 2008 under Section 302 of the Indian Penal Code and was sentenced vide Order dated 26.03.2010 to undergo rigorous imprisonment for life and fine of Rs. 3000/ -, in default of which further simple imprisonment for three months. He has also been convicted under Section 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 3000/ -, in default of which once again simple imprisonment for a period of three months.

(2.) THE case of the prosecution, according to the Informant Priyatosh Das (P.W. 7), is that he used to work in Bharat Sewaashram Sangh, the President of which was Swami Agwanand and the Deputy President was Swami Thirthesanand and the Cashier was Swami Agwanand, who had gone to Kashmir on 31.07.2007. The affairs of the Sangh was being managed by Swami Thirthesanand (deceased), who used to live in a room by the side of the of the room of other office bearers. Next to him was the room of the present Appellant who used to cook the food in the Ashram. On 06.08.2007 at around 01.30 P.M., as usual, bell rang for payment of salary and for taking lunch and all the members came to take the lunch but Swamiji did not come. At around 02.00 P.M., he, Swami Thirthesanand (deceased) and Swami Chiratmanand went together to take lunch and after taking lunch Swami Thirthesanand and Swami Chiratmanand retired to their respective rooms to sleep. Then the Informant, Baidyanath Mana (cook), Baijuram (Sweeper), Parwatia Devi (Sweeper) at around 04.20 P.M. went to ask for their wages from Swami Thirthesanand and called out to him from outside his door but they did not hear any sound. Then Swami Chiratmanandji pushed the door open and they found Swamiji lying on a 'Chowki' with his neck cut and blood scattered on the floor around the wall. He suspected that some one after hatching a deep conspiracy had committed the murder of Swami Thirthesanand and his estimation the occurrence had taken place in between 02.00 P.M. to 04.00 P.M. His statement was recorded at about 06.00 P.M. on the same day by P.W. 11 on the basis of which the F.I.R. was instituted against unknown.

(3.) P .W. 1 Sristhi Haldar stated that he was a cook in the Sewaashram and corroborates the factum of occurrence. He further stated that on information the police alongwith the police dog had come which had entered the room of the Appellant and recovered a 'Fasuli', which was taken away by the police. The Appellant was arrested then and there and a seizure list was also prepared of which he was also a witness. However, he further stated that he did not sign any document but had been examined by the police but did not know as to what it had got done. He was unable to explain since when the Appellant had been working as a cook in the Sewaashram. He further stated that in the room of Chandan Mandal, another person also used to stay.