DAYANAND MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This jail appeal has been filed on behalf of the sole appellant by the Patna High Court Legal Services Committee and vide order dated 21.6.2013 Shri Rabi Bhushan Prasad, Advocate was directed to appear as counsel in this case.

(2.) The sole appellant has filed the instant appeal against the judgment of conviction dated 25th March, 2010 and order of sentence dated 29th March, 2010 passed by Additional Sessions Judge, Fast Track Court No. V, Araria in Sessions Trial No. 184 of 2008/ 64 of 2009 arising out of Araria (Tarabari P.S. Case No. 195 of 2006, whereby the learned Additional Sessions Judge, Fast Track Court convicted the appellant for an offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 5,000/- and in default of payment further imprisonment for five months.

(3.) The prosecution case, in short, is that on 1.5.2006 at about 6.00 P.M. the informant gave fardbeyan before the SubInspector of Police, Tarabari Police Station that at about 4.30 P.M. while he was cutting earth in his field with his mother, Sajiya Devi, daughter Ranjana Kumari, wife Manjula Devi and sister Madhwi Devi, suddenly his brother-in-law Dayanand Mandal (appellant herein) reached there and took away the spade from the field and gave spade blow on the head of his sister and thereafter fled away from the spot after throwing the spade. He has explained in the fardbeyan the reason for the incident that his sister couple days earlier came to his house from her sasural against the wish of the appellant. Earlier also the appellant used to assault his sister and there was some Panchayati held in the village and approximately two months back his brother-in-law (the appellant) has alienated five Kathas of land which was objected by his sister and as such he claimed that the appellant has committed murder of his sister. On the basis of the aforesaid fardbeyan Araria (Tarabari) P.S. Case No. 195 of 2006 was registered under Section 302 of the Indian Penal Code and the police after investigation submitted charge sheet and thereafter cognizance was taken on 11.8.2006 and on 22.8.2008 the case was committed to the Court of Sessions.