BAIJNATH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by sole appellant is directed against the judgment and order dated 6th of December, 1986 passed by the 4th Additional Sessions Judge, Purnea in Sessions Trial No. 14/1980/6/1986 convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of IPC and RI for 10 years under Section 328 of IPC. Both the sentences have, however, been ordered to run concurrently.

(2.) It will not be out of place to mention that when this appeal was called out. for hearing nobody appeared on behalf of appellant but the Counsel on behalf of State appeared and he was heard at length. The appeal is, therefore, being disposed of on merit after perusal and scrutiny of the record in view of the decision of Apex Court in the case of Bani Singh and others V/s. State of U.P., 1996 AIR(SC) 2439 .

(3.) The brief facts of the case of prcsecution are that on 11.6.1977 at about 8.00 p.m. informant Bageshwar Mandal (PW-8), who was at that time in his house, heard 'kulla' of his daughter Nira Devi from 'patua' (jute) field situated in the west of his house and on hearing this 'hulla' he along with his son Perveen Kumar Mandal (PW-5), Shivlal Mandal (PW-6), Sivan Mandal (PW-7) and others rushed to the 'patua' field from where the 'hulla' of his daughter was coming and he found his daughter Nira Devi was coming towards his house and she at that time was trembling and he also in the light of torch saw appellant, who is his son-in-law and husband of Nira Devi fleeing away towards north direction. Nira Devi then told that the appellant had forcibly administered a drug to her. The informant found that smell like of elderne was coming out from the mouth of Nira Devi. The informant brought Nira Devi to 'darwaja' of his house and witnesses, who had accompanied him to the 'patua' field, went in search of appellant. In the meantime, a number of villagers assembled at the house of the informant and before all of them, Nira Devi disclosed that her husband, the appellant, had forcibly administered a drug to her. The informant thereafter by putting his daughter on a bullock-cart proceeded to Jalalgarh but in the way Nira Devi died at about 9.00 p.m. The informant then returned back to his house because it was night and kept the dead body of Nira Devi at his house. In the meantime, the persons, who had chased the appellant came back and told that they could not succeed in apprehending the appellant. Witness Luchai Mandal (not examined) in presence of villagers disclosed that when he was easing out in a field, he saw the appellant fleeing away. On the next day in the morning when the informant went to the 'patua' field from where he had heard 'hulla' of his daughter, he found a pair of nylon shoes belonging to appellant and a small glass phial containing some liquid smelling like elderne. Thereafter, the informant brought the dead body of his deceased daughter Nira Devi to Kasba Police Station and lodged the FIR ('Ext. 2) which was recorded on 12.6.1977 at 10.15 a.m. by Kailash Bihari Tiwari (PW-10) who at that time was posted as S.I. there. The informant also produced the pair of nylon shoes and glass phial containing liquid which he had found in the 'patua' field. About the motive of occurrence, informant stated that on the occasion of marriage of his son, his daughter Nira Devi had received a sum of Rs. 150/- as gift which was forcibly taken away from her by the appellant and this fact was disclosed by the deceased to her family members which had caused annoyance to the appellant who had abused and assaulted the deceased on this score and since then the deceased and appellant were not having good relations and quarrels often used to take place between them. Kailash Bihari Tiwary (PW-10)prepared inquest report of the dead body of Nira Devi, sent the dead body to Hospital for post-mortem examination and glass phial for chemical analysis. He visited the place of occurrence and after completing investigation submitted charge-sheet under Sections 302 and 328 of IPC against the appellant. Accordingly, the appellant was put on trial after charges under Sections 328 and 302 of IPC were framed against him and after trial, he was found guilty for both the aforesaid charges and he was convicted and sentenced to undergo life imprisonment under Section 302 of IPC and RI for 10 years under Section 328 of IPC as stated above. Both the sentences have, however, been ordered to run concurrently.