YASHODA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A day before yesterday while matter was being heard over the prayer for bail and for that purpose, when the L.C.Record was gone through, some sort of inherent lacuna were perceived present on the L.C.Record whereupon, this appeal has been listed for hearing in stead of allowing its pendency.

(2.) It is further evident from the judgment impugned that on 13.4.2018 when the case was fixed for judgment, appellant Yashoda Devi was physically present while appellant Santosh Mandal remained physically absent but was represented under section 317 Cr.P.C. and so, after having been found guilty, representation petition was rejected, bail bond was cancelled and warrant of arrest (non-bailable) was issued as provided under section 353(6) Cr.P.C. fixing 18.4.2018 the date for hearing over the sentence.On 18.4.2018 only Yashoda Devi, who was under custody, remained physically present and so, on her behalf hearing over the sentence was made and she was sentenced to undergo R.I. for five years for an offence punishable under section 328 I.P.C., R.I. for ten years as well as to pay fine appertaining to Rs.3,000/- and in default thereof, to undergo S.I. for three months, additionally for an offence punishable under section 304B I.P.C. were inflicted with a further direction to run the sentences concurrently. Subsequently thereof, as is evident appearance of the appellant/ convict Santosh Mandal was procured and so, hearing over the sentence concerning him was materialized on 28.4.2018 on which date, he was also directed to undergo R.I. for five years under section 328 I.P.C., R.I. for ten years as well as to pay fine appertaining to Rs. 3,000/- and in default thereof, to undergo S.I. for three months, additionally for an offence punishable under section 304B I.P.C. was also inflicted with a further direction to run the sentences concurrently by the 3rd Addl. Sessions Judge, Bhagalpur in S.Tr.No. 105/2014 arising out of Sabour (Goradih) P.S.Case No. 134/2013.

(3.) Informant Sadanand Mandal (P.W.5) gave his Fard Beyan on 2.6.2013 at the Sasural of his sister Tanuja (since deceased) lying at village Fakirachak that the marriage of his sister Tanuja was solemnized with Santosh Mandal, son of Ram Bilash Mandal about a year ago. Today i.e. on 2.6.2013 at about 8.30 A.M. brother-in-law of Santosh Mandal, namely, Bablu Mandal came to his place and disclosed that his sister has consumed poison. After hearing the same, he alongwith his brother Niranjan Mandal and father Shital Mandal came at the Sasural of Tanuja where they found Tanuja over a cot kept over inside varandah. All the family members were absconding. His sister was unconscious. Whey they were about to hospital, Tanuja succumbed. So, the informant claimed that his brother-in-law alongwith his family members sharing common intention caused murder of his sister by administering poison.