SHIVAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Shivan Mandal, Fulo Mandal, Suren Mandal, Mantun Mandal have been found guilty for an offence punishable under Section 304(Part-II)/34 of the IPC and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees ten thousand in default thereof, to undergo R.I. for one year, additionally, under Section 380 IPC and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently vide judgment of conviction dated 17.03.2015 and order of sentence dated 19.03.2015 passed by Sessions Judge, Madhepura in Sessions Trial No.39 of 2013.

(2.) Pw.6, Meena Devi gave her fardbeyan on 13.12.2011 at about 10:45 AM at her house disclosing therein that on 10.12.2011 while her mother Jungli Devi was sitting inside her house Ranjit Kumar, aged about 7 years, grandson of Shivan Mandal pelted stone causing hurt of her on account of which, she had abused whereupon, Shivan Mandal, Fulo Mandal, Suren Mandal, Mantun Mandal made house trespass and brutally assaulted her mother Jungli Devi with fist, slap, leg. She was also assaulted. Before assemblage of villagers, they managed to escape. On account of assault her mother was in grief. On Sunday, panchayati was convened wherein local mukhiya, deputy mukhiya along with so many villagers, ward member participated and it was resolved directing Shivan Mandal to get proper treatment of Jungli Devi. Accordingly, they took Jungli Devi to the clinic of Dr. Sandhaya Singh who refused as, it was a case of Marpit. Then thereafter they took her mother to the place of Dilip Kumar Singh with the help of her Mausa Sheo Dutt Mandal where she was given primary treatment. Then thereafter, they dumped her at her place. In the night, her condition deteriorated and during course thereof, the accused persons came and forcibly took away Rs.20,000/- which she had procured in course of Indira Awas Yojna. On 12.12.2011 at evening hour her mother died.

(3.) After registration of Murliganj P.S. Case No.171/2011 investigation commenced and concluded by way of submission of charge sheet, facilitating the trial which ultimately concluded in a manner, subject matter of instant appeal.