BRAJ DULAL MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction dated 20.1.2001 and sentence dated 22.1.2001 passed in Sessions Trial No. 201 of 1997/44 of 1997 by learned Additional Sessions Judge, Pakur convicting the appellants under Section 302/34 of IPC. and sentencing them to go R.I. for life and also under Section 328/34 of IPC, and sentencing them to go R.I for five years: Though, the sentences were to run concurrently.

(2.) The prosecution case in short is that the appellant No. 1 - Braj Dulal Mandal and Nilambar Mandal (deceased) were 'Sarhus' and appellant No. 2-Lateka Mandal and wife of Nilambar Mandal are sisters. The brother of Lateka Mandal gave one house to both her sisters and brothers-in-law to live jointly. There used to be some disputes between them on the portion of the areas given to them. On 12.1.1992 there was a quarrel between the sisters on which the appellants threatened with dire consequences to the informant party. The matter was pacified by intervention of the villagers. On the next date i.e. 13.1.1992, the informant party, took lunch which included cooked chicken. The left over chicken was kept for consuming in dinner. At the dinner time, it was felt that there was smell like kerosene in the chicken. However, Nilambar Mandal (deceased), his 12 years old son Bhaskar and his wife Anjali Mandal took chicken. Thereafter, Bhaskar became unconsious. Nilambar rushed to the neighborhood, but he also became unconscious and started vomiting. In the meantime, Anjali also became unconscious. All of them were taken to hospital where Bhaskar was declared dead and during course of treatment Nilambar also died. Suspicion was raised against the appellants and Satranjan Mandal (father of Braj Dulal Mandal) that due to property disputes, taking advantage of absence of the informant party from their house, they might have mixed poison in the chicken for killing the whole family. It was also alleged that the appellants fled away after locking their houses. The left over chicken was handed over to the police in a can.

(3.) The accused persons were put on trial. Satranjan Mandal was acquitted and the appellants were convicted and sentenced as aforesaid.