KOLI MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Ratnaker Bhengra, J 1. Heard Mr. S.K. Murthy, the learned counsel appearing for the appellants as well as Mr. Sanjay Kumar Srivastava, the learned APP appearing for the State in both cases.

(2.) These criminal appeals are preferred against the judgment of conviction dtd. 30/1/2010 and the order of sentence dtd. 5/2/2010, passed by the learned Additional Sessions Judge, FTC-IX, Giridih in Sessions Trial No. 326 of 2004, whereby and where under, both the appellants were found guilty and convicted under Sec. 498 (A) and 304(B)/34 of the Indian Penal Code and were sentenced to undergo RI for two years and a fine of Rs.1000.00 each under sec. 498(A) of the Indian Penal Code and appellants were further sentenced to undergo RI for nine years under Sec. 304(B)/34 of the Indian Panel Code. In default of payment of fine both the appellants were further sentenced to undergo SI for one month and both the sentences were directed to run concurrently. The sentences already undergone in jail custody were ordered to be set of from the sentence awarded.

(3.) The prosecution case arose out on the basis of the fardbayan dtd. 6/11/2001 of the informant PW-9 Dulal Chand Mandal S/o Beni Mandal resident of village Tilaiya Bahiyar, P.S.- Dumri, District- Giridih and recorded at 14:30 hours by S.I. M. Hasan of Birni P.S. at village-Karmatand. The case of the prosecution, in brief, is that the informant's sister, Minwa Devi was married five years ago to the appellant Bholi Mandal S/o Dhani Mandal of village Karmatand, P.S. Birni, District Giridih as per Hindu rites and rituals. At the time of marriage they gave Rs.30,000.00 in cash and utensils, cycle, silver ornaments of value Rs.15,000.00. It is further alleged that sometimes one year ago Bholi Mandal, Moti Mandal, Rama Mandal and Kokil Mandal demand Rs.20,000.00 and said at the time of marriage they had given less money. They expressed their inability to fulfill the demand of Rs.20,000.00. On 15/10/2001 Bholi Mandal as well as his mother and sister Gunjri Devi, Moti Mandal, Kokil Mandal, Rama Mandal and the wife of Moti Mandal had assaulted Minwa Devi and they sent her away along with Rama Mandal to her parental home and they said that they would not keep her in-laws house till the fulfillment of demand and will perform second marriage of Bholi Mandal. On 29/10/2001, the informant along with his sister Minwa Devi, Ram Prasad Mandal, Ishwar Mandal, Loknath Mandal and Jageshwar Mandal went to the matrimonial home of his sister at Karmatand. Informant further stated that matter was managed with help of Tulsi Mandal and other persons of Karmatand and left his sister Minwa Devi in her laws house. Informant further stated that Rs.5,000.00 was given to Moti Mandal and the informant promised to pay the rest amount of Rs.15,000.00 during Holi. On 5/11/2001 at about 05.00 pm, Dhanu Mandal, Sitaram Mandal both of village Dwarpahri and Ganesh Mandal of village Barmasia came at the residence of the informant and told him that his sister Minwa Devi has died. On being asked by the informant as to how she died, they were unable to reply. It was further alleged that on this information, the informant along with Loknath Mandal, Jageshwar Mandal, Bhirtu Mandal, Meghnath Mandal and Ram Prasad Mandal reached to the village Karmatand at about 09:00 pm. They saw Minwa Devi was lying on a cot inside the house at Varenda and she was dead. They saw injuries on her neck, back and near right ear and seeing them his brother-in-law and family members of in-laws house fled away. It is further alleged that Arjun Mandal of village Khedwara, Dumar Mandal of village Barmasia and some people of village- Karmatand disclosed that the accused persons Bholi Mandal, Moti Mandal, Koli Mandal, Rama Mandal, mother of Bholi Mandal, sister Gunjri Devi and wife of Moti Mandal had assaulted Minwa Devi at about 4.00 am in the morning and they administered her poison as a result of which Minwa Devi died.