DOMAN MANDAL, Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Doman Mandal, has been convicted for an offence punishable under Section 304 Part-II of the I.P.C. and sentenced to undergo R.I. for seven years with a further direction to set off regarding the period already undergone during course of trial under Section 428 of the Cr.P.C. vide judgment of conviction dated 27.02.2015 and order of sentence dated 28.02.2015 passed by the Adhoc Additional Sessions Judge-5 th, Lakhisarai in Sessions Trial No.472 of 2013.

(2.) Pw-5, Rajendra Tanti gave his fard-bayan on 03.07.2011 at about 10.00 p.m. near Kajra Railway crossing disclosing therein that while he was at his house, at about 8.45 p.m., he received information that his sister Lalpari Devi is groaning on Patna High Court CR. APP (SJ) No.177 of 2015 dt.12-09-2017 2 account of injuries inflicted upon her by her husband Doman Mandal with Chhura. On this information, he along with others came at the place of occurrence and found his sister dead. On query, people have disclosed him that at about 8.30 p.m., his sister as well as brother-inlaw quarreled over an issue and during course thereof, Doman Mandal began to give indiscriminate Chhura blow as a result of which, she became injured and died. Her husband Doman Mandal fled there from with Chhura. It has also been incorporated that his sister Lalpari was married at different place, but on account of separation from her former husband, she was maintaining herself doing vegetable vending and during course thereof, she on her own, court-married with Doman Mandal, who also happens to be married since before. Then thereafter, they hired a room and were residing. Now-a-days, they have developed some sort of strained relationship on account of monetary differences and in the aforesaid background, Doman Mandal has murdered his sister.

(3.) After registration of the case as Kajra P. S. Case No.25 of 2011, investigation commenced and after concluding the same, chargesheet was submitted whereupon trial commenced and concluded in a manner, the subject matter of instant appeal.